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HomeMy WebLinkAboutCC 10-06-2026 Oral_Late Written CommunicationsCC 10-06-2026 Oral Communications Written Comments August 6, 2026 My WeChat Complaint: Unauthorized Campaign Signs J.R. Fruen Seema Lindskog John Tang Page 1 CC 10-06-2026 #11 Block 5 Vallco TEFRA Baker Tilly Written Communications From:Santosh Rao To:City Clerk; Tina Kapoor Subject:Fw: Questions Regarding City Financial and Legal Exposure in RISE Block 5 Financing Date:Tuesday, October 6, 2026 4:50:06 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Clerk, Please include the below in written communications for the 10/06/26 city council meeting for agenda item 11. Thanks, Santosh Rao (myself only as a Cupertino resident) Begin forwarded message: On Tuesday, October 6, 2026, 7:27 AM, Santosh Rao <santo_a_rao@yahoo.com> wrote: (Writing on behalf of myself only as a Cupertino resident) Dear City Attorney Andrews, City Manager Kapoor, Finance Director Orosco, I have several questions regarding the proposed City participation in CMFA financing for RISE Block 5. Given the potential financial and legal implications for the City, could staff please clarify the following for the public record: 1. Capital structure: Please provide the proposed capital stack, including the relative seniority and priority of CMFA financing compared with senior and junior debt and equity from other institutional or private sources. 2. City liability: What direct or contingent financial, legal, or other liabilities could the City incur if the borrower defaults on its obligations? 3. TEFRA notice: Was a TEFRA hearing and notice conducted as required? If so, when and where was the notice published, and how were Cupertino residents notified? 4. Financing structure: Is this structured as pooled conduit financing? If so, are draft organizational or LLC structures available showing the relationships among the City, CMFA, borrower, and other entities, including any potential obligations or liabilities? 5. Construction financing: What is the rationale for using this financing structure for construction financing rather than permanent financing? What risks, if any, would the City assume during the construction period? 6. Bond counsel: Has bond counsel reviewed the proposed financing? If so, are any legal opinions, memoranda, or other supporting materials available for public review? 7. Bond documents: Are draft bond documents, including a bond indenture or equivalent financing documents, available for review? These would help the public understand the respective obligations and protections of the borrower, bondholders, CMFA, and City. 8. Default or restructuring: If the borrower defaults, what remedies and restructuring mechanisms would apply? Would the City have any financial obligation, decision- making role, or other exposure in that process? 9. Environmental liability: Has the City evaluated whether existing or potential future environmental claims, including claims related to soil contamination or remediation, could create any direct or indirect exposure for the City, CMFA, bondholders, or other parties? 10. Oversight: Will there be any ongoing oversight of the financing or project? If so, who will conduct that oversight, who will receive the findings, and what authority will the oversight body have? 11. Rationale for City participation: Finally, what public benefit does the City receive from participating in this financing structure, and why is City involvement preferable to the applicant obtaining financing directly through private capital markets without City participation? My intent is to better understand the City’s potential exposure and the protections in place for Cupertino residents and taxpayers before the Council takes action. Thank you for providing the supporting documentation and responses for the public record. Thanks, Santosh Rao (writing on behalf of myself only as a Cupertino resident)