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(h) The preparation of a record of assessment <br /> installments for the use of the County Auditor, <br /> if required. <br /> <br /> (i) Arrangements for the sale of refunding bonds <br /> either by negotiation or by public bid, at the <br /> option of Client, including a review of financial <br /> disclosure requirements and, if required, the <br /> preparation of the notice inviting bond bids. <br /> <br /> (j) The preparation of bond delivery documents. <br /> <br /> (k) The rendition of a legal opinion on the validity <br /> of the refunding bonds and the proceedings <br /> leading to their issuance. <br /> <br /> 2. The services of Bond Counsel under this agreement <br />shall not include the following: <br /> <br /> (a) Legal services in connection with the acquisition <br /> of interests in real property, either through <br /> negotiation or through exercise of the power of <br /> eminent domain. <br /> <br /> (b) Legal services in connection with litigation. <br /> <br /> The performance by Bond Counsel of services excluded <br /> by this paragraph, if required by Client, shall be <br /> under separate oral or written agreement. <br /> <br /> 3. In consideration of the services set forth in <br />paragraph 1, Client shall pay to Bond Counsel the following fee <br />and costs: <br /> <br /> (a) The legal fee of Bond Counsel shall be a scaled <br /> percentage of the amount set forth in the <br /> englneer's report equal to one and one-quarter <br /> percent (1-1/4%) of that portion of the amount <br /> assessed not exceeding $1 million, plus one half <br /> of one percent (.5%) of that portion of the <br /> amount assessed exceeding $1 million. The fee <br /> shall not be less than $1,500. <br /> <br /> (b) Costs shall be reimbursed to Bond Counsel as <br /> follows: <br /> <br /> 1) The cost of transportation, meals and <br /> lodging. <br /> <br /> 2) The cost of preparing auditor's record, <br /> if required: 7 cents per assessment for each <br /> year of the bond issue, with a minimum of <br /> $30.00. <br /> <br /> <br />