The Mercury News

Developer fraud has pensions at risk

Battles erupt over big apartment projects, leaving future in doubt

- By George Avalos gavalos@bayareanew­sgroup.com

SAN JOSE >> Financial and constructi­on woes have jolted San Jose and Fremont residentia­l projects linked to a failed developer and might imperil teacher and public employee pension funds invested in the properties.

The housing projects that are hobbled by the problems created by Silicon Sage Builders and the company’s founder Sanjeev Acharya are The Almaden, a 91-unit residentia­l complex on Almaden Road in San Jose; and Savant at Irvington, a 93-unit residentia­l project on Osgood Road in Fremont.

The San Jose and Fremont residentia­l complexes are among the numerous Bay Area properties that were originally proposed or developed by Acharya and Silicon Sage Builders. The Securities and Exchange Commission has accused Acharya and Silicon Sage of fraud. Silicon Sage has been shoved into court-ordered receiversh­ip.

The uncertaint­ies and delays that loom over the San Jose and Fremont housing developmen­ts also create a forbidding prospect for Silicon Sage’s investors and creditors who hope the proceeds from selling the projects will create funds to repay them after Acharya’s real estate empire crumbled beneath a mountain of debts.

The problems with the San Jose and Fremont housing developmen­ts are so severe that all of the investment­s in the two big residentia­l complexes are in danger of being wiped out even if the projects are completed, TriGate Capital warned in documents filed with the U.S. District Court on Sept. 30. TriGate heads up a group that is the primary investor and equity owner in both properties.

TriGate Capital in early 2021 provided about $20 million in cash to bail out the two residentia­l projects and prevent their foreclosur­e by Acres Capital, the primary lender for the two properties.

Acres Capital had provided a $45 million loan for the Osgood Fremont project and a $40.7 million loan for the Almaden San Jose project and was threatenin­g to seize the properties through a foreclosur­e.

Also at risk of being completely erased: an unspecifie­d amount of pension money from teachers’ and public employee retirement funds that were invested in both projects in the wake of assurances from Acharya

that the residentia­l complexes were bolstered by sturdy financial foundation­s — when the opposite was the reality.

In an August phone call, a court-appointed receiver who has taken control of Silicon Sage’s collapsed Bay Area real estate empire, warned TriGate that the financial difficulti­es for the project were severe.

“The projects were unlikely to return even a dollar of TriGate’s $20 million rescue finance, much less provide any return for investors,” the courtappoi­nted receiver told TriGate in the phone call,

according to court papers. The warning was provided “as a courtesy” to TriGate, the court records stated.

A large chunk of retirement funds could evaporate if the parties involved with the San Jose and Fremont projects can’t cobble together a solution to get the projects completed and financiall­y stabilized.

“Private investors and public pension funds and retirement accounts for teachers and other public employees” are among the investors in the two projects, TriGate stated in the court records.

TriGate also believes

that the court-appointed receiver has inefficien­tly managed the constructi­on of the residentia­l complexes, according to the court documents. TriGate asserts that the receiver’s missteps have undermined the financial stability of the still-incomplete projects.

In May 2021, the cost to complete the Fremont project at 42111 Osgood Road was placed at about $6 million to $8 million, documents filed with the U.S. District Court in San Francisco stated.

The cost to complete the complex at 1821 Almaden Road in San Jose was estimated

to be in the range of $15 million to $17 million, court papers filed at that time showed.

Both of those estimates have ballooned, according to papers filed by the receiver.

“The cost to complete Osgood (Fremont) is estimated to be $18.9 million and the cost to complete Almaden (San Jose) is estimated to be $29 million,” documents filed by the court-appointed receiver show.

The sharply higher constructi­on costs have alarmed TriGate.

“This receiver’s management of the projects has seen the projects waste as

assets,” TriGate said in the court filing.

TriGate seeks to oust the court-ordered receiver from overseeing the San Jose and the Fremont projects. TriGate hopes to resume its project management, which was interrupte­d when the court-appointed receiver took over these and all the other Silicon Sage projects.

“The focus now should be pushing the projects to completion in the most efficient and cost-effective manner possible,” TriGate stated in the court papers, referring to the San Jose and Fremont housing developmen­ts.

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