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Contracts
Breach of Lease
Failure to Maintain and Repair

San Francisco Forty Niners, Ltd. (the 49ers) v. City and County of San Francisco

Published: Jun. 11, 2011 | Result Date: Jun. 18, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 10-03538 Settlement –  Equitable Settlement

Court

San Francisco Administrative Claim


Attorneys

Plaintiff

Peter N. Larson


Defendant

Dennis J. Herrera
(San Francisco Public Utilities Commission)


Facts

The San Francisco Forty Niners Ltd. (the 49ers) filed a claim against the City and County of San Francisco relating to the condition of the Candlestick Stadium for the city's failure to maintain and repair the stadium as required under the lease agreement between the parties.

Result

The city agreed to settle the suit, which included a $3 million payment to the 49ers to make improvements to the stadium; $3.4 million in rent credits for further improvements; rent reduction in the amount of $3.4 million; extension of the lease term to May 2016, with an option to terminate; revision of the remaining lease extension term options to permit annual extensions by the team to 2023, and providing for additional rent credits and rent reductions; changes to the lease for maintenance and repair provisions; mutual withdrawal of claims; and termination of an existing tolling agreement between the parties.


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