Common use of PAYMENT FOR WORKS Clause in Contracts

PAYMENT FOR WORKS. .1 The City is not responsible for financing any of the costs of the Works. .2 For greater certainty, all the land will be included in the Specified Charge calculation unless the General Manager Engineering in their sole discretion agrees in writing that a portion of the land is not able to be developed. .3 The Specified Charge shall be pro-rated for any portion of land not equal to one (1.0) hectare. .4 Until the Specified Charge is paid, Council, an Approving Officer, a building inspector or other municipal authority is not obligated to: (i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property of the Owners within the Benefiting Area; or (ii) do any other thing necessary for the development of real property of the Owners in the Benefiting Area. .5 In consideration of the completion of the Works by the Developer, to the satisfaction of the General Manager Engineering, without incurring any cost to the City, the City agrees to collect from the Owners within the Benefiting Area the Specified Charge for each subdivision or building permit on or before the date when the Development Cost Charges are payable, pursuant to the Development Cost Charge Bylaw up to the Maximum Amount Owing within the Benefiting Area. .6 The City agrees to reimburse the Developer up to the Maximum Amount Owing the Specified Charge collected pursuant to this Agreement as follows: (a) to the extent the Specified Charge has been collected from any Owners at the then prevailing Specified Charge rate; (b) the City shall only be obligated to pay to the extent the City actually receives the Specified Charge from the Owners; and (c) the City shall remit the amounts actually received twice each calendar year to the Developer and the City shall have no further obligation to the Developer to make any payment pursuant to this Agreement. .7 Subject to Section 3.6 the City shall pay the Developer at the address of the Developer as set forth hereinbefore or at such other address as the Developer shall provide by registered mail. If the said payments are returned to the City unclaimed by the Developer and if the City is unable to locate the Developer after all reasonable efforts, then the City shall hold all monies collected until the expiry of this Agreement. After the expiry of this Agreement, the City shall retain all such unclaimed funds forever. .8 In the event of the assignment or transfer of the rights of the Developer voluntarily, or by operation of law, the General Manager, Finance shall pay any benefits accruing hereunder, after notice, to such successor of the Developer as the General Manager, Finance in their judgment deems entitled to such benefits; and in the event of conflicting demands being made upon the City for benefits accruing under this Agreement, then the City may at its option commence an action in interpleader joining any party claiming rights under this Agreement, or other parties which the City believes to be necessary or proper, and the City shall be discharged from further liability upon paying the person or persons whom any court having jurisdiction of such interpleader action shall determine, and in such action the City shall be entitled to recover its reasonable legal fees and costs, which fees and costs shall constitute a lien upon all funds accrued or accruing pursuant to this Agreement.

PAYMENT FOR WORKS. .1 The City is not responsible for financing any of the costs of the Works. .2 For greater certainty, all the land will be included in the Specified Charge calculation unless the General Manager Engineering in their sole discretion agrees in writing that a portion of the land is not able to be developed. .3 The Specified Charge shall be pro-rated for any portion of land not equal to one (1.0) hectare. .4 Until Works and the Specified Charge is paid, Council, an Approving Officer, a building inspector or other municipal authority is not obligated to: (i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property construction of the Owners within the Benefiting Area; orWorks as described in Corporate Report No. _ , dated (ii) do any other thing necessary for the development of real property of the Owners in the Benefiting Area. .5 .2 In consideration of the completion of the Works by the Developer, City to the satisfaction of the General Manager EngineeringManager, Engineering without incurring any additional cost to the CityDeveloper, the City agrees to collect Sanitary DCCs from the Owners within the Benefiting Area the Specified Charge for each subdivision or building permit on or before the date when the Development Cost Charges are payable, pursuant to in accordance with the Development Cost Charge Bylaw up to By-law. .3 All parties agree that the City will pay the Sanitary DCCs collected from the Benefiting Area as per Schedule "D" of this Agreement. .4 Reimbursement of the Maximum Amount Owing as specified in Section 2.3 within the Benefiting Area. .6 The City agrees to reimburse the Developer up to the Maximum Amount Owing the Specified Charge collected pursuant to this Agreement Area shall be paid as follows: (a) to the extent the Specified Charge has been collected from any Owners at the then prevailing Specified Charge rate; (bi) the City shall only be obligated to pay to the extent the City actually receives the Specified Charge Sanitary DCC component from the Owners; and (cii) the City shall remit the amounts actually received twice each calendar year to the Developer in the proportions as specified in Schedule "D" and the City shall have no further obligation to the Developer to make any payment pursuant to this Agreement. .7 Subject to Section 3.6 the .5 The City shall pay the Developer at the address of the Developer as set forth hereinbefore or at such other address as the Developer shall provide by registered mail. If the said payments are returned to the City unclaimed by the Developer and if the City is unable to locate the Developer after all reasonable efforts, then the City shall hold all monies collected until the expiry of this Agreement. After the expiry of this Agreement, the City shall retain all such unclaimed funds forever. .8 .6 In the event of the assignment or transfer of the rights of the Developer voluntarily, or by operation of law, the General Manager, Finance Finance& Technology shall pay any benefits accruing hereunder, after notice, to such successor of the Developer as the General Manager, Finance &Technology in their judgment deems entitled to such benefits; and in the event of conflicting demands being made upon the City for benefits accruing under this Agreement, then the City may at its option commence an action in interpleader joining any party claiming rights under this Agreement, or other parties which the City believes to be necessary or proper, and the City shall be discharged from further liability upon paying the person or persons whom any court having jurisdiction of such interpleader action shall determine, and in such action the City shall be entitled to recover its reasonable legal fees and costs, which fees and costs shall constitute a lien upon all funds accrued or accruing pursuant to this Agreement.

PAYMENT FOR WORKS. .1 4.1 The City is not responsible for financing any of the costs of the Works. .2 For greater certainty, all the land will be included in the Specified Charge calculation unless the General Manager Engineering in their sole discretion agrees in writing that a portion 4.2 The owner of the land Benefitting Lands must pay the Latecomer Charge plus Interest. The Latecomer Charge has been calculated by multiplying the Latecomer Rate by the Benefiting Frontage. 4.3 If, during the term of this Agreement, the owner does not connect to or use the Works, as determined by the City, then the Latecomer Charge for that Benefiting Land will not be collected despite the fact that it is listed as a Benefiting Land in Schedule “C”. In this circumstance the Total Frontage and the Latecomer Rate will not be changed notwithstanding the owner of the Benefiting Land is not able paying the Latecomer Charge to be developedthe City. .3 The Specified Charge shall be pro-rated for any portion of land not equal to one (1.0) hectare. .4 Until the Specified Charge is paid, Council, an Approving Officer, a building inspector or other municipal authority is not obligated to: (i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property of the Owners within the Benefiting Area; or (ii) do any other thing necessary for the development of real property of the Owners in the Benefiting Area. .5 4.4 In consideration of the completion of the Works by the Developer, to the satisfaction of Developer the General Manager EngineeringManager, without incurring any cost to the City, the City agrees to collect the applicable Latecomer Charge plus Interest from the Owners within owner of the Benefiting Area Benefitting Lands who connects to or uses the Specified Works. 4.5 To the extent that the City has received a Latecomer Charge for each subdivision or building permit on or before plus Interest from the date when owner of the Development Cost Charges are payableBenefitting Lands, pursuant to the Development Cost City must remit the Latecomer Charge Bylaw plus Interest actually received annually up to a maximum of the Maximum Amount Owing within the Benefiting Area. .6 Total Latecomer Cost plus Interest. The City agrees to reimburse the Developer up to the Maximum Amount Owing the Specified Charge collected pursuant to this Agreement as follows: (a) to the extent the Specified Charge has been collected from does not have any Owners at the then prevailing Specified Charge rate; (b) the City shall only be obligated to pay to the extent the City actually receives the Specified Charge from the Owners; and (c) the City shall remit the amounts actually received twice each calendar year to the Developer and the City shall have no further obligation to the Developer to make any payment pursuant to this Agreement. .7 Subject to Section 3.6 the City shall pay the Developer at the address of the Developer as set forth hereinbefore or at such other address as the Developer shall provide by registered mail. 4.6 If the said payments are returned to the City unclaimed by the Developer and if the City is unable to locate the Developer after all reasonable efforts, then the City shall must hold all monies collected until the expiry of this Agreement. After the expiry of this Agreement, the City shall is entitled to retain all such unclaimed funds forever. .8 4.7 In the event of the assignment or transfer of the rights of the Developer voluntarily, or by operation of law, the General Manager, Finance shall City must pay any benefits accruing hereunder, after notice, to such successor of the Developer as the General ManagerCity, Finance in their its’ judgment deems entitled to such benefits; and in the event of conflicting demands being made upon the City for benefits accruing under this Agreement, then the City may at its option commence an action in interpleader joining any party claiming providing notice to the City of its rights under this Agreement, or other parties which the City believes to be necessary or proper, and the City shall must be discharged from further liability upon paying into court an amount the person or persons whom any court having jurisdiction of such interpleader action shall determine, and in such action the City shall must be entitled to recover its reasonable legal fees and costs, which fees and costs shall constitute a lien upon all funds accrued or accruing pursuant to this Agreement.

PAYMENT FOR WORKS. .1 The City is not responsible for financing any of the costs of the Works. .2 For greater certainty, all the land will be included in the Specified Charge calculation unless the General Manager Engineering in their sole discretion agrees in writing that a portion of the land is not able to be developed. .3 The Specified Charge shall be pro-rated for any portion of land not equal to one (1.0) hectare. .4 Until Works and the Specified Charge is paid, Council, an Approving Officer, a building inspector or other municipal authority is not obligated to: (i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property construction of the Owners within the Benefiting Area; orWorks as described in Corporate Report No. _ _, dated (ii) do any other thing necessary for the development of real property of the Owners in the Benefiting Area. .5 .2 In consideration of the completion of the Works by the Developer, City to the satisfaction of the General Manager EngineeringManager, Engineering without incurring any additional cost to the CityDeveloper, the City agrees to collect Sanitary DCCs from the Owners within the Benefiting Area the Specified Charge for each subdivision or building permit on or before the date when the Development Cost Charges are payable, pursuant to in accordance with the Development Cost Charge Bylaw up to By-law. .3 All parties agree that the City will pay the Sanitary DCCs collected from the Benefiting Area as per Schedule D of this Agreement. .4 Reimbursement of the Maximum Amount Owing as specified in Section 2.3 within the Benefiting Area. .6 The City agrees to reimburse the Developer up to the Maximum Amount Owing the Specified Charge collected pursuant to this Agreement Area shall be paid as follows: (a) to the extent the Specified Charge has been collected from any Owners at the then prevailing Specified Charge rate; (b) the City shall only be obligated to pay to the extent the City actually receives the Specified Charge Sanitary DCC component from the Owners; and (cb) the City shall remit the amounts actually received twice each calendar year to the Developer in the proportions as specified in Schedule "D" and the City shall have no further obligation to the Developer to make any payment pursuant to this Agreement. .7 Subject to Section 3.6 the .5 The City shall pay the Developer at the address of the Developer as set forth hereinbefore or at such other address as the Developer shall provide by registered mail. If the said payments are returned to the City unclaimed by the Developer and if the City is unable to locate the Developer after all reasonable efforts, then the City shall hold all monies collected until the expiry of this Agreement. After the expiry of this Agreement, the City shall retain all such unclaimed funds forever. .8 .6 In the event of the assignment or transfer of the rights of the Developer voluntarily, or by operation of law, the General Manager, Finance Finance& Technology shall pay any benefits accruing hereunder, after notice, to such successor of the Developer as the General Manager, Finance &Technology in their judgment deems entitled to such benefits; and in the event of conflicting demands being made upon the City for benefits accruing under this Agreement, then the City may at its option commence an action in interpleader joining any party claiming rights under this Agreement, or other parties which the City believes to be necessary or proper, and the City shall be discharged from further liability upon paying the person or persons whom any court having jurisdiction of such interpleader action shall determine, and in such action the City shall be entitled to recover its reasonable legal fees and costs, which fees and costs shall constitute a lien upon all funds accrued or accruing pursuant to this Agreement.

PAYMENT FOR WORKS. .1 The City is not responsible for financing any of the costs of the Works. .2 For greater certainty, all the land will be included in the Specified Charge calculation unless the General Manager Manager, Engineering in their sole discretion agrees in writing that a portion of the land is not able to be developed. .3 The Specified Charge shall be pro-rated for any portion of land not equal to one (1.0) hectare. .4 Until the Specified Charge is paid, Council, an Approving Officer, a building inspector or other municipal authority is not obligated to: (i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property of the Owners within the Benefiting Area; or (ii) do any other thing necessary for the development of real property of the Owners in the Benefiting Area. .5 In consideration of the completion of the Works by the Developer, to the satisfaction of the General Manager Manager, Engineering, without incurring any cost to the City, the City agrees to collect from the Owners within the Benefiting Area the Specified Charge for each subdivision or building permit on or before the date when the Development Cost Charges are payable, pursuant to the Development Cost Charge Bylaw up to the Maximum Amount Owing within the Benefiting Area. .6 The City agrees to reimburse the Developer up to the Maximum Amount Owing the Specified Charge collected pursuant to this Agreement as follows: (a) to the extent the Specified Charge has been collected from any Owners at the then prevailing Specified Charge rate; (b) the City shall only be obligated to pay to the extent the City actually receives the Specified Charge from the Owners; and (c) the City shall remit the amounts actually received twice each calendar year to the Developer and the City shall have no further obligation to the Developer to make any payment pursuant to this Agreement. .7 Subject to Section 3.6 the City shall pay the Developer at the address of the Developer as set forth hereinbefore or at such other address as the Developer shall provide by registered mail. If the said payments are returned to the City unclaimed by the Developer and if the City is unable to locate the Developer after all reasonable efforts, then the City shall hold all monies collected until the expiry of this Agreement. After the expiry of this Agreement, the City shall retain all such unclaimed funds forever. .8 In the event of the assignment or transfer of the rights of the Developer voluntarily, or by operation of law, the General Manager, Finance shall pay any benefits accruing hereunder, after notice, to such successor of the Developer as the General Manager, Finance in their judgment deems entitled to such benefits; and in the event of conflicting demands being made upon the City for benefits accruing under this Agreement, then the City may at its option commence an action in interpleader joining any party claiming rights under this Agreement, or other parties which the City believes to be necessary or proper, and the City shall be discharged from further liability upon paying the person or persons whom any court having jurisdiction of such interpleader action shall determine, and in such action the City shall be entitled to recover its reasonable legal fees and costs, which fees and costs shall constitute a lien upon all funds accrued or accruing pursuant to this Agreement.

PAYMENT FOR WORKS. .1 The City is not responsible for financing any of the costs of the Works. .2 For greater certainty, all the land will be included in the Specified Charge calculation unless the General Manager Engineering in their sole discretion agrees in writing that a portion of the land is not able to be developed. .3 The Specified Charge shall be pro-rated for any portion of land not equal to one (1.0) hectare. .4 Until Works and the Specified Charge is paid, Council, an Approving Officer, a building inspector or other municipal authority is not obligated to: (i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property construction of the Owners within the Benefiting Area; orWorks as described in Corporate Report No. _ _, dated (ii) do any other thing necessary for the development of real property of the Owners in the Benefiting Area. .5 .2 In consideration of the completion of the Works by the Developer, City to the satisfaction of the General Manager EngineeringManager, Engineering without incurring any additional cost to the CityDeveloper, the City agrees to collect Sanitary DCCs from the Owners within the Benefiting Area the Specified Charge for each subdivision or building permit on or before the date when the Development Cost Charges are payable, pursuant to in accordance with the Development Cost Charge Bylaw up to By-law. .3 All parties agree that the City will pay the sanitary DCCs collected from the Benefiting Area as per Schedule "D" of this Agreement. .4 Reimbursement of the Maximum Amount Owing as specified in Section 2.3 within the Benefiting Area. .6 The City agrees to reimburse the Developer up to the Maximum Amount Owing the Specified Charge collected pursuant to this Agreement Area shall be paid as follows: (a) to the extent the Specified Charge has been collected from any Owners at the then prevailing Specified Charge rate; (b) the City shall only be obligated to pay to the extent the City actually receives the Specified Charge Sanitary DCC component from the Owners; and (cb) the City shall remit the amounts actually received twice each calendar year to the Developer in the proportions as specified in Schedule "D" and the City shall have no further obligation to the Developer to make any payment pursuant to this Agreement. .7 Subject to Section 3.6 the .5 The City shall pay the Developer at the address of the Developer as set forth hereinbefore or at such other address as the Developer shall provide by registered mail. If the said payments are returned to the City unclaimed by the Developer and if the City is unable to locate the Developer after all reasonable efforts, then the City shall hold all monies collected until the expiry of this Agreement. After the expiry of this Agreement, the City shall retain all such unclaimed funds forever. .8 .6 In the event of the assignment or transfer of the rights of the Developer voluntarily, or by operation of law, the General Manager, Finance Finance& Technology shall pay any benefits accruing hereunder, after notice, to such successor of the Developer as the General Manager, Finance &Technology in their judgment deems entitled to such benefits; and in the event of conflicting demands being made upon the City for benefits accruing under this Agreement, then the City may at its option commence an action in interpleader joining any party claiming rights under this Agreement, or other parties which the City believes to be necessary or proper, and the City shall be discharged from further liability upon paying the person or persons whom any court having jurisdiction of such interpleader action shall determine, and in such action the City shall be entitled to recover its reasonable legal fees and costs, which fees and costs shall constitute a lien upon all funds accrued or accruing pursuant to this Agreement.

PAYMENT FOR WORKS. .1 The City is not responsible for financing any (a) Each of the costs Owners shall pay the Specified Charge to the City for each new dwelling unit within each lot to be created by subdivision as approved by the Approving Officer, in accordance with the by laws of the WorksCity, including, but not limited to, the Development Cost Charge By law and Subdivision and Development By law. .2 (b) For greater certainty, all a deduction will not be made for the land will be included in number of parent lots out of which the Specified Charge calculation unless the General Manager Engineering in their sole discretion agrees in writing that a portion of the land is not able to be developednew lots have been approved for subdivision. .3 (c) The Specified Charge shall be pro-rated for any portion of land not equal payable to one (1.0) hectarethe City on or before the date when the Development Cost Charge pursuant to the Development Cost Charge By law and the Subdivision and Development By law are payable to the City. .4 (d) Until the Specified Charge is paid, Council, an Approving Officer, a building inspector or other municipal authority is not obligated to: (i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw by law necessary for the development of real property of the Owners within the Benefiting Area; or (ii) do any other thing necessary for the development of real property of the Owners in the Benefiting Area. .5 (e) After the completion of the construction of the Works, the General Manager shall determine the Capital Cost - Actual of the construction of the Works. Should the Capital Cost - Actual of the construction of the Works be less than the Capital Cost - Estimated, the parties hereto agree to reduce the Specified Charge. (f) The City is not responsible for financing any of the costs of the Works. (g) In the event the Capital Cost - Estimated is reduced, then the balance payable pursuant to this Agreement to the Developer shall be reduced accordingly, as determined by the City. (h) The parties agree that an amendment to the By law adopting this Agreement is not required to reduce the Specified Charge payable by the Owners of the Benefiting Area or reduce the Capital Cost – Estimated to Capital Cost – Actual for the construction of the Works. (i) In consideration of the completion of the Works by the Developer, to the satisfaction of the General Manager EngineeringManager, without incurring any cost to the City, the City agrees to collect from the Owners within the Benefiting Area who have not heretofore contributed to the cost of construction thereof, the Specified Charge. The Specified Charge for each subdivision or building permit on or before shall be escalated at an interest rate of 5% per annum as set out in Schedule "C," attached hereto, and shall be conclusive against the date when the Development Cost Charges are payable, pursuant to the Development Cost Charge Bylaw up to the Maximum Amount Owing within Owners of the Benefiting Area. .6 (j) The City agrees to reimburse the Developer up to the Maximum Amount Owing the Specified Charge collected pursuant to this Agreement as follows: (a) to the extent the Specified Charge has been collected from any Owners at the then prevailing Specified Charge rate; (b) the City shall only be obligated to pay to the extent Developer, within 60 days after each annual anniversary of the City actually receives completion of the Specified Charge Works as determined in writing by the City, the sums collected from the Owners; and (c) Owners of the City shall remit the amounts actually received twice each calendar year to the Developer and the City shall have no further obligation to the Developer to make any payment pursuant to this Agreement. .7 Subject to Section 3.6 the City shall pay the Developer Benefiting Area at the address of the Developer as set forth hereinbefore or at such other address as the Developer shall provide by registered mail. If the said payments are returned to the City unclaimed by the Developer and if the City is unable to locate the Developer after all reasonable efforts, then the City shall hold all monies collected until the expiry of this Agreement. After the expiry of this Agreement, the City shall retain all such unclaimed funds forevershall be retained forever by the City. .8 (k) In the event of the assignment or transfer of the rights of the Developer voluntarily, or by operation of law, the General Manager, Finance City Treasurer shall pay any benefits accruing hereunder, after notice, to such successor of the Developer as the General ManagerCity Treasurer, Finance in their his judgment deems entitled to such benefits; and in the event of conflicting demands being made upon the City for benefits accruing under this Agreement, then the City may at its option commence an action in interpleader joining any party claiming rights under this Agreement, or other parties which the City believes to be necessary or proper, and the City shall be discharged from further liability upon paying the person or persons whom any court having jurisdiction of such interpleader action shall determine, and in such action the City shall be entitled to recover its reasonable legal fees and costs, which fees and costs shall constitute a lien upon all funds accrued or accruing pursuant to this Agreement.

PAYMENT FOR WORKS. .1 The City is not responsible for financing any of the costs of the Works. .2 For greater certainty, all the land will be included in the Specified Charge calculation unless the General Manager Engineering in their sole discretion agrees in writing that a portion of the land is not able to be developed. .3 The Specified Charge shall be pro-rated for any portion of land not equal to one (1.0) hectare. .4 Until Works and the Specified Charge is paid, Council, an Approving Officer, a building inspector or other municipal authority is not obligated to: (i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property construction of the Owners within the Benefiting Area; orWorks as described in Corporate Report No. _ , dated (ii) do any other thing necessary for the development of real property of the Owners in the Benefiting Area. .5 .2 In consideration of the completion of the Works by the Developer, City to the satisfaction of the General Manager EngineeringManager, Engineering without incurring any additional cost to the CityDeveloper, the City agrees to collect Sanitary DCCs from the Owners within the Benefiting Area the Specified Charge for each subdivision or building permit on or before the date when the Development Cost Charges are payable, pursuant to in accordance with the Development Cost Charge Bylaw up to By-law. .3 All parties agree that the City will pay the Sanitary DCCs collected from the Benefiting Area as per Schedule "D" of this Agreement. .4 Reimbursement of the Maximum Amount Owing as specified in Section 2.3 within the Benefiting Area. .6 The City agrees to reimburse the Developer up to the Maximum Amount Owing the Specified Charge collected pursuant to this Agreement Area shall be paid as follows: (a) to the extent the Specified Charge has been collected from any Owners at the then prevailing Specified Charge rate; (bi) the City shall only be obligated to pay to the extent the City actually receives the Specified Charge Sanitary DCC component from the Owners; and (cii) the City shall remit the amounts actually received twice each calendar year to the Developer in the proportions as specified in Schedule "D" and the City shall have no further obligation to the Developer to make any payment pursuant to this Agreement. .7 Subject to Section 3.6 the .5 The City shall pay the Developer at the address of the Developer as set forth hereinbefore or at such other address as the Developer shall provide by registered mail. If the said payments are returned to the City unclaimed by the Developer and if the City is unable to locate the Developer after all reasonable efforts, then the City shall hold all monies collected until the expiry of this Agreement. After the expiry of this Agreement, the City shall retain all such unclaimed funds forever. .8 .6 In the event of the assignment or transfer of the rights of the Developer voluntarily, or by operation of law, the General Manager, Finance & Technology shall pay any benefits accruing hereunder, after notice, to such successor of the Developer as the General Manager, Finance &Technology in their judgment deems entitled to such benefits; and in the event of conflicting demands being made upon the City for benefits accruing under this Agreement, then the City may at its option commence an action in interpleader joining any party claiming rights under this Agreement, or other parties which the City believes to be necessary or proper, and the City shall be discharged from further liability upon paying the person or persons whom any court having jurisdiction of such interpleader action shall determine, and in such action the City shall be entitled to recover its reasonable legal fees and costs, which fees and costs shall constitute a lien upon all funds accrued or accruing pursuant to this Agreement.