§ 3. Fees.

As consideration for the privilege granted to place and maintain benches along public streets and/or other public places in the City of Sulphur, licensee agrees to pay to City quarterly, on or before the first day of the months of April, July, October and January of each year during the term of this franchise, beginning with the first day of April, 1993, an amount equal to SIX HUNDRED SEVENTY FIVE AND NO/100 ($675.00) DOLLARS, or TEN (10) PER CENT of quarterly gross receipts, whichever is greater. The delivery and placement of any bench at any location along City streets and/or other public places shall constitute a warranty by licensee that such bench meets the minimum detailed specifications on file with the City of Sulphur, and, further, that such bench is fit for public use for the purpose for which it was installed and is free from any defect in design or condition that might be hazardous to the public.

The payments to be made hereunder to the City are for the license and privilege of using the streets, avenues, parkways and/or other public places within the City of Sulphur for the location of benches. The privilege of using such streets, avenues, parkways and/or other public places for the location of benches shall not be construed as granting any right, title or interest to said locations, and all such location sites shall be and remain the property of the City of Sulphur.