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'(i) <br /> <br />Arrangements for the printing of improvement bonds to <br />represent unpaid assessments,.including the printing of <br />a bond register and, if required, assessment installment <br />notices. <br /> <br />(j) The preparation of a record of assessment installments for <br /> the use of the County Auditor, if required. <br /> <br />(k) <br /> <br />Arrangements for the sale of improvement bonds either by <br />negotiation Or by public bid, at the option of City, in- <br />cluding a review of!financial disclosure requirements and, <br />if required, the preparation of the notice inviting bond <br />bids. <br /> <br />(1) The preparation of bond delivery documents. <br /> <br />(m) <br /> <br />The rendition of a legal opinion on the validity of the <br />improvement bonds and the proceedings leading to their <br />issuance. <br /> <br />2. The services of Bond Counsel under this agreement shall not <br /> <br />include the following: <br /> <br />(a) <br /> <br />Legal services in connection with the_acquisition of <br />interests in real property, either through negotiation <br />or through exercise of the power of eminent domain. <br /> <br />(b) Legal services in connection with litigation. <br /> <br />The performance by Bond Counsel of services excluded by <br /> <br />this paragraph, if required by City, shall be under separate oral or <br /> <br />written agreement. <br /> <br />3. In consideration of the services set forth in paragraph 1, <br /> <br />City shall pay to Bond Counsel the following fee and costs: <br /> <br />(a) <br /> <br />The legal fee of Bond Counsel shall be a scaled percentage <br />of the project cost set forth in the engineer's report as <br />finally approved under Section 10312 of the Streets and <br />Highways Code. The "project cost" shall be deemed to include <br />estimated construction cost, estimated or actual payment for <br />the acquisition of existing improvements and real property, <br />payments to other public agencies or utilities, capacity <br />charges, and contingency amounts. The "project cost" shall <br />be deemed to exclude engineering, legal, right-of-way and <br />other consulting or professional fees, inspection fees, bond <br />printing costs, allowance for selling improvement bonds at a <br />discount, and any other incidental expenses of the project. <br /> <br />-2- <br /> <br /> <br />