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assessment proceedings is in the discretion of the City Council of <br />the City and is subject to a public hearing process, and that this <br />agreement in no way shall affect or limit the discretion granted <br />by law to the City Council of the City in matters of special <br />assessments. In the event that this condition shall not have been <br />met before January 1, 1987, this agreement shall be void. <br />6. OWNER'S WARRANTIES. The Owner makes the following <br />warranties: <br />A. That The Prudential Insurance Company of America <br />is the owner in fee of the parcels listed in <br />Appendix A. <br />B. The Improvements are free of mechanic's and <br />materialmen's liens, or other claims of any <br />kind, and the Owner has the power to transfer to <br />the City clear title to the Improvements. <br />C. That the Owner has no knowledge of any claim or <br />proceeding challenging the Owner's title to the <br />parcels listed in Appendix A or to the Owner's <br />right to transfer the Improvements. <br />7. NON-LIABILITY OF CITY. The Owner agrees that the <br />City shall have no liability for payment of any amount in respect <br />to this agreement or to Assessment District No. 1986-8, Hacienda <br />Business Park - Phase II, except from the improvement fund for <br />said assessment district, and in no event shall any such liability <br />exceed the amount deposited in the improvement fund from the sale <br />and delivery of improvement bonds for Assessment District <br />No. 1986-8, Hacienda Business Park - Phase II. The City shall <br />have no obligation to defend this agreement or the special <br />4 <br />