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D. That the Developer has no knowledge of any claim or <br /> proceeding challenging the Developer's title to the parcels <br /> listed in Appendix A or its right to transfer the <br /> Improvements. <br /> <br /> 9. VALUE OF ASSESSED LANDS. The parties acknowledge that <br /> <br /> the Developer has submitted to the City a written appraisal of the <br />.land to be assessed in Assessment District No. 1984-1 and that, on <br /> <br /> the basis of the appraisal, the amount to be assessed, together with <br /> amounts previously assessed, does not exceed seventy-five percent <br /> (75%) of the value of the land. <br /> <br /> 10. NON-LIABILITY OF CITY. The Developer agrees that the <br /> City shall have no liability for payment of any amount in respect to <br /> this agreement or to Assessment District No. 1984-1, except from the <br /> improvement fund for said assessment district, and in no event shall <br /> any such liability exceed the amount deposited in the improvement <br /> fund from the sale and delivery of improvement bonds for Assessment <br /> District No. 1984-1. The City shall have no obligation to defend <br /> this agreement or the special assessment proceedings in Assessment <br /> District No. 1984-1 against challenge in any forum. <br /> <br />DATED: <br /> <br />, 1984 <br /> <br /> Mayor <br /> <br /> ATTEST: <br /> <br />jS~//~R. WALK~.R, City Clerk <br /> <br />THE PRUDENTIAL INSURANCE COMPANY OF <br />AMERICA, a New Jersey corporation <br /> <br />By <br /> <br /> <br />