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(a) The legal fee of Bond Counsel shall be a scaled percentage <br /> of the amount assessed as set forth in the engineer's <br /> report as finally approved under Section 10312 of the <br /> Streets and Highways Code. <br /> <br /> (b) The legal fee shall be an amount equal to two and one-half <br /> percent (2.50%) of that portion of the amount assessed not <br /> exceeding $1 million, plus one percent (1.00%) of that <br /> portion of the amount assessed exceeding $1 million, but <br /> not exceeding $10 million, plus one-half of one percent <br /> (.05%) of that portion assessed exceeding $10 million, but <br /> not exceeding $20 million, plus one-fourth of one percent <br /> (.025%) of all amounts assessed exceeding $20 million. The <br /> fee shall be not less than $5,000. <br /> <br /> (c) Costs shall be reimbursed to Bond Counsel as follows: <br /> <br /> 1) The cost of transportation, meals and lodging. <br /> <br /> 2) The cost of preparing auditor's record, if required: <br /> 7 cents per assessment for each year of the bond <br /> issue, with a minimum of $30.00. <br /> <br /> 3) The cost of long distance telephone calls: at billed <br /> cost. <br /> <br /> 4) The cost of photocopying: 10 cents per sheet. <br /> <br /> The cost of other services for which Bond Counsel makes <br /> arrangements under this agreement (such as bond printing <br /> costs) shall be billed to the Client and shall be paid by <br /> Client directly to the payee. <br /> <br /> (d) Payment by Client of the legal fee is contingent upon the <br /> levy of assessments and the sale and delivery of <br /> improvement bonds representing unpaid assessments in the <br /> assessment district. If for any reason, assessments are <br /> not confirmed and bonds delivered, Bond Counsel shall be <br /> paid no legal fee. Both the legal fee and costs are <br /> payable upon delivery of the bonds. <br /> <br /> 4. Bond Counsel certifies that it has no interest, either <br />direct or contingent, in any property or contract arising from or <br />affected by the assessment district, except as Bond Counsel under <br />this agreement. Bond Counsel does not represent any owner of <br />property within the proposed boundaries of this assessment district, <br /> <br /> 3 <br /> <br /> <br />