ARTICLE 14.
CAPITAL RESERVES.
Section 14.1 Reserve Deposits. The Stadium Authority will fund a capital reserve
maintained by the Stadium Authority (the "Stadium Capital Expenditure Reserve") with the
following amounts:
-
(An annual deposit to the Stadium Capital Expenditure Reserve in the
amount of One Million Five Hundred Thousand Dollars ($1,500,000), escalating three percent
(3%) per year, beginning in the second year of operation of the Stadium, and continuing each
year thereafter for the term of the Stadium Lease, plus any additional amounts agreed by 49ers
Stadium Company;
- In any year in which Stadium Authority has Excess Revenues, the Stadium
Authority will make a payment to the Stadium Capital Expenditure Reserve in an amount up to
One Million Dollars ($1,000,000) in accordance with the priorities for payment set forth in
clause (b) of Article 15 below; and
- Each year that a Second Team plays its home games in the Stadium, other
than in connection with temporary Second Team Occupancy, the Stadium Authority will fund
the applicable Second Team Capital Reserve Deposit as an additional Stadium Operating
Expense. The amount of the "Second Team Capital Reserve Deposit" for any year shall equal
One Million Dollars ($1,000,000) in the year the Second Team plays its first home game in the
Stadium, and will escalate at a rate of three percent (3%) per year thereafter.
Section 14.2 Use Of Reserve. The Stadium Capital Expenditure Reserve will be used
by the Stadium Authority for replacements and capital improvements to the Stadium as provided
in the annual Capital Expenditures Plan. Any remaining amounts of the Stadium Capital
Expenditure Reserve upon termination of the Stadium Lease will be paid to 49ers Stadium
Company to fund any required demolition of the Stadium and as partial reimbursement for
capital costs incurred by 49ers Stadium Company in the construction of the Stadium.