Investors Assess Development Potential Around Proposed Passenger Rail Stations

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As traffic congestion worsens in South Florida, a plan to restore passenger service to the Florida East Coast Railway corridor that dates back to industrialist Henry Flagler’s first train service to Miami in 1896 is generating a buzz in the local real estate development community.

Opportunity-minded investors are closely monitoring a two-tiered process that could ultimately result in regular daily train service from Miami to Orlando with multiple stops in between in various downtowns in Miami-Dade, Broward and Palm Beach counties. To accommodate the proposed new passenger commuter service, plans call for the creation of nearly 30 train stations to be built east of Interstate 95 along the South Florida coast.

The creation of train stations for the planned passenger service is expected to trigger a wide array of indirect investment in the surrounding areas to develop everything from residential towers to retail centers, hotels to office buildings. Under a pair of separate but interconnected plans, All Aboard Florida — an entity that is privately controlled by the owner of the Florida East Coast tracks — wants to launch a high-speed passenger rail service from downtown Miami to Orlando with stops in the downtowns of Fort Lauderdale and West Palm Beach. This service is scheduled to begin by 2016.

Just this month, All Aboard Florida issued $405 million of debt to help finance the creation of the high-speed rail service that is expected to cost at least $2 billion. Complementing the All Aboard Florida private-sector initiative, the South Florida Regional Transportation Authority — a public entity that oversees the Tri-Rail passenger service on tracks west of Interstate 95 — plans to introduce a new commuter line that is to travel on the Florida East Coast line on the east side of Interstate 95 with stops in various downtowns from Miami to West Palm Beach.

Under the Tri-Rail plan, Miami-Dade County would have eight stations stretching from Aventura to the Miami Design District to a newly proposed Grand Central Station to be built in downtown Miami. Plans call for the east of Interstate 95 commuter service — dubbed the TriRail Coastal Link — to be “implemented” within seven years for a launch in or before the year 2020, according to the organization’s website.

Ironically, the same train tracks that have historically meant lower prices and constant complaints about noise and traffic delays from nearby residents are expected to trigger a wave of new residential developments for individuals seeking easy access to planned passenger rail service.

Anyone who has ever relied on public transportation knows that train service is much more predictable than that of buses. Many commuters in cities around the world generally attempt to live and work close to train stations to improve the efficiency of using public transportation. As a result of this phenomenon, the introduction of passenger rail service in Miami-Dade County has the potential to stimulate real estate development in areas that are far removed from the water.

It is not surprising that developers who focus on the South Florida mainland have typically tried to build condo towers on sites that front Biscayne Bay or the Intracoastal Waterway. If waterfront land is not available at acceptable prices, the next best alternatives are usually development sites in popular neighborhoods such as Midtown Miami or on iconic streets such as Brickell Avenue.

Generally, the interest level in land near the railroad tracks — which are west of Biscayne Boulevard and east of Interstate 95 — is not the first choice for developers or buyers in South Florida, especially in Miami-Dade County. For example, fewer than 385 condos between west of Biscayne Boulevard and east of Interstate 95 from Flagler Street in downtown Miami north to Aventura were sold, at an average price of about $187 per square foot, between January and May of this year, according to the Southeast Florida MLXchange. By comparison, nearly 1,025 condo units east of Biscayne Boulevard from Flagler Street in downtown Miami north to Aventura were sold, at an average price of $250 per square foot, during the first five months of the year.

Some quick arithmetic suggests condo units east of Biscayne Boulevard traded at an average premium of 34 percent over the units on the west side of the street, according to the data. As for the supply of available condos, about 800 units are currently on the resale market west of Biscayne Boulevard from downtown Miami to Aventura.

Based on the 2014 sales pace of about 77 transactions monthly, there is more than 10 months of available inventory on the market west of Biscayne Boulevard, according to the data. The condo market east of Biscayne Boulevard from downtown Miami to Aventura has nearly 1,800 units available for resale. Despite having more units up for resale than the area west of Biscayne Boulevard, the condo market east of Biscayne Boulevard has less than nine months of supply available, according to the data.

For the rental market, there is less of a difference between east and west of Biscayne Boulevard in Miami-Dade County from downtown Miami north to Aventura when it comes to price and transactions. Tenants leased more than 1,025 residential properties west of Biscayne Boulevard at an average price of $1.63 per square foot monthly between January and May of this year, according to the data.

For the same five-month period, tenants leased nearly 1,200 residential properties east of Biscayne Boulevard at an average price of nearly $1.62 per square foot month. Currently, about two months of rental-property supply are available for lease west and east of Biscayne Boulevard, according to the data.

Given the market trends, developers could become more open to the idea of building residential towers in the area located west of Biscayne Boulevard and east of Interstate 95 especially since land costs are generally cheaper and rents are comparable to those rates being achieved on the east side of Biscayne Boulevard.

The unanswered question going forward is whether developers and residents will ultimately embrace a lifestyle in South Florida that revolves more around public transportation than the current dependence on cars. If this were to happen as the government planners are hoping, the future of real estate development in Miami-Dade County could increasingly focus on the land west of Biscayne Boulevard in the coming years.

 

Source: Miami Herald

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Miami Condo Residents Sue Terra Group, Seven Other Companies

Three homeowners associations at Quantum on the Bay are suing a company tied to Terra Group, claiming the developer cut corners during construction of the Miami condo project.

The associations accuse the Terra company and seven other defendants of 17 counts of negligence, professional negligence, breach of common-law implied warranties and building code violations. According to the Miami-Dade Circuit Court lawsuits, defects at the 698-unit development ranged from jammed doorknobs to crumbling stucco. The purpose of the litigation is to get Terra and the codefendants to cover the cost of repairs.

“The unit owners want to have the property that should have been delivered to them,” attorney Jeffrey Respler, who represents the Quantum residents, told the Daily Business Review. “At the end of the day, we’re not looking for a windfall. We’re only looking to be made whole.”

Terra’s David Martin told the Review the dispute would be “expeditiously and responsibly resolved in the appropriate forum.”

Unit prices at the 1900 North Bayshore Drive condo range from $229,000 to about $1.2 million. Monthly rents vary from $1,750 to $5,500.

 

Source: The Real Deal

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Community Association Managers Score Legislative Victory

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As the curtain closed on the legislative session, Florida lawmakers approved new rules on condominium association bylaws, paved the way for a private flood insurance market and approved tighter controls on property insurers.

Consumers got new safeguards in legislation from state Sen. Aaron Bean, R-Jacksonville, whose Senate bill would ban post-claim underwriting, prevent insurers from canceling policies or using other tactics to avoid paying legitimate claims. The Legislature also moved to weed out some unethical players in the real estate sector, allotting $500,000 in the state budget to fight unlicensed real estate activity.

Among the big winners were community association managers, who fought for years with the Florida Bar over whether some their administrative duties amounted to the unlicensed practice of law. In a victory for managers, the Senate voted 36-3 for a bill that would expand the role administrators play in condominiums, cooperatives and homeowner associations across the state. Licensed by the state Department of Business and Professional Regulation, community association managers perform management functions including disbursing funds, preparing budgets and other financial documents, and conducting meetings.

But the bill by state Rep. Ross Spano, R-Dover, would gi ve the managers broader powers, including the ability to negotiate financial terms of contracts, draft pre-arbitration demands, and calculate and prepare assessment and estoppel certificates. The managers say this wider scope of responsibilities would save thousands of dollars in attorney fees, but the Florida Bar has taken its case to the Florida Supreme Court and is awaiting a decision. The Bar petitioned the court in 2012 to define many of the managers’ duties as the unauthorized practice of law, a third-degree felony.

“There is no rule or test to determine whether an activity is considered to be the practice of law,” according to a state House staff analysis. “However, if an activity is within a profession’s sphere of activity, it is more likely that the court will allow a nonlawyer to perform the activity, even if the activity involves drafting a legal instrument.”

Lease Taxes

While association managers celebrated, real estate lobbyists saw a bid to cut taxes on commercial leases fail for the second time. In an election year when legislators offered sweeping tax cuts, real estate industry advocates couldn’t sell lawmakers on a proposal that would shave $235 million from state coffers.

Even with powerful support, Senate Bill 176 couldn’t drum up enough support in the Senate. An earlier version sought to remove Florida’s distinction as the only state that collects tax on commercial rent, levying a 6 percent fee that generates $1.2 billion in annual revenue. This year’s bill would have cut the tax from 6 percent to 5 percent.

“Of course we’re disappointed it didn’t pass. This is an issue we feel strongly about,” said Trey Goldman, legal counsel for Florida Realtors. “It does have a big fiscal impact, but the way to approach it is to take a small bite. That way you can have a small impact that won’t affect the state’s budget in the same way it would if you tried to do it all in one year.”

Going into the session, industry supporters were backed by Gov. Rick Scott, who pledged $100 million in the state budget to phase out commercial lease taxes as part of sweeping cuts totaling $500 million for fiscal year 2014 and 2015. But the Legislature wanted broad-based tax cuts and settled on an agreement that once again disappointed Realtors. Instead of allocating funds to phase out the tax, negotiators settled on $395 million to lower vehicle registration and title fees and $105 million for three tax holidays on energy-efficient appliances, hurricane provisions and back-to-school supplies.

There was one bright spot for the industry and a hint that legislators expect the issue to resurface. House Speaker Will Weatherford promised a comprehensive study before the start of the next session to determine the effect of reduced commercial lease taxes on state revenue. “In an election year with the governor also up for re-election, the Legislature was trying to do a lot of things for a lot of people. Next year will be different. Every year has new concerns, but next year won’t quite be like this year,” Goldman said. “I think we will revisit this issue. It’s not just important for Realtors. We believe it’s important for commercial businesses of all sizes, and we’re going to keep trying.”

Flood Insurance

In a busy legislative session, lawmakers also took steps to reduce the escalating flood insurance premiums. A bill to create an alternative to the national flood insurance program created through the Biggert-Waters Act won strong support in both the House and the Senate. SB 542 by state Sen. Jeff Brandes, R-St. Petersburg, encourages insurers to write polices in Florida to create an open market that supporters say will curb rising national premiums.

“I will not stand on the sidelines while homeowners in our community are being forced out of their home by more bait-and-switch tactics in Washington,” Brandes said. “Floridians deserve an alternative to the drastic rate increases of Biggert-Waters. This legislation builds a framework for a Florida-based solution that gives flexibility to homeowners. This will put Florida at the forefront of addressing this issue nationwide.”

State residents already account for nearly 2 million, or about 40 percent, of all National Flood Insurance Program policies. However, they get back only $1 in claims for every $4 paid in premiums. Lawmakers agreed on the need to control escalating costs by creating a statewide private flood insurance market. The Senate voted 30-3 and the House 98-11 to approve the legislation.

 

Source: DBR

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With The Internet Of Things, Smart Buildings Pose Big Risk

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In an Internet of Things (IoT) world, smart buildings with web-enabled technologies for managing heat, lighting, ventilation, elevators and other systems pose a more immediate security risk for enterprises than consumer technologies.

The increasing focus on making buildings more energy efficient, secure and responsive to changing conditions is resulting in a plethora of web-enabled technologies. Building management systems are not only more tightly integrated with each other, they are also integrated with systems outside the building, like the smart grid. The threat that such systems pose is two-fold, analysts said. Many of the web-enabled intelligent devices embedded in modern buildings have little security built into them, making them vulnerable to attacks that could disrupt building operations and pose safety risks. Web-connected, weakly protected building management systems also could provide a new way for malicious attackers to break into enterprise business systems that are on the same network.

The massive data theft at Target for instance, started with someone finding a way into the company’s network using the access credentials of a company that remotely maintained the retailer’s heating, ventilation and air conditioning (HVAC) system. In Target’s case, the breach appears to have happened because the company did not properly segment its data network.  Such issues could become more common as buildings and management systems become increasingly intelligent and interconnected, said Hugh Boyes, cybersecurity lead at the U.K.’s Institution of Engineering and Technology.

“It creates some interesting challenges for enterprise IT,” Boyes said. “They need to know there are some increasingly complex networks being put into their buildings that are running outside their control. “As one example, Boyes pointed to the growing use of IP-enabled closed-circuit security cameras at many buildings. In some cases, the cameras might be used instead of a motion sensor to detect whether someone is in a room, and whether to keep the lights or heat turned on. In such a situation, the camera, the lighting and the heating systems would all need to be integrated. Each of the systems could also have web connectivity linking them with an external third party for maintenance and support purposes. “You quickly get into a situation where a network that was just inside the building goes to locations outside the building,” Boyes said.

It’s not only heating, lighting and security systems that are integrated in this manner. An elevator manufacturer might stick smart sensors on all the elevators in a building to detect and spot a failure before it happens. Or, a building manager might have technology in place to monitor and conserve water use in a facility. Many of these technologies will have a path out of the building and over an IP network to a third-party supplier or service provider, Boyes said. Often the data from these systems are captured not only for real-time decision support but also for longer-term data analytics.

Exacerbating the situation is the fact that many of the communications protocols for building automation and control networks, such as BACnet and LonTalk, are open and transparent, said Jim Sinopoli, managing principal at Smart Buildings LLC. Device manufacturers have adopted these protocols for product compatibility and interoperability purposes, Sinopoli said. However, the openness and transparency also increase the vulnerability of building automation networks. “None of these systems are isolated any longer,” Sinopoli said. A security breach in one system could have a cascading effect on multiple building automation systems and networks, he said.

The threat is not only about someone penetrating a building system to cause serious disruptions. There is also a potential impact on IT, such as a loss of communications due to a building system outage or unauthorized access to enterprise data because of poor segmentation between the building automation network and the IT network. “The penetration of IT into building systems is an issue that is front and center,” at a growing number of companies, Sinopoli said.

As buildings have become smarter, vendors of consumer devices have begun entering the space, said Rolf von Roessing, president of German security consulting company Forta AG and a member of ISACA’s Professional Influence and Advocacy Committee. ISACA is a trade group focused on IT governance issues, with 128,000 members. “Building automation, including critical functionality, is now readily available through web shops and hardware or electronics stores. While professional solutions usually feature in-built security and protection against hacking, consumer offerings are less well protected,” von Roessing said.

In terms of preparation, IT practitioners should extend their information security and cybersecurity management processes to cover buildings and building management systems, he said. “In many cases, these will be controlled through a Windows-based or compatible interface, using standard PC equipment and network connectivity via standard IP,” von Roessing said. “Where remote control is a known or desired feature, security practitioners should look long and hard at mobile devices, the remote control apps and underlying processes. If and where critical building functionality can be controlled and manipulated from an unprotected mobile device, there is a significant risk of breaches,” he said.

For a growing number of companies, the issue is already upon them, said John Pescatore, director of emerging security trends at SANS. In a SANS survey on the security of the Internet of Things, smart buildings and industrial control systems were the second most frequently cited near-term concern behind consumer devices, Pescatore said. Often, IT has little idea of the sheer scope of the issue, Pescatore said, He gave the example of one university’s chief information security officer at a recent SANS conference who ran a security scan of a new building on the campus. “In a single six-story building, he found nearly 1,500 sensors,” in elevators, doors, camera systems, lighting and heating systems and elsewhere, Pescatore said.

Traditionally, building management systems have not been considered IT systems. They are not selected by the CIO and have long been considered operational technology under the purview of building and facilities management teams. That attitude will have to change. Building management and IT organizations will need to work together to identify and mitigate potential risks, said Robert Stroud, the incoming international president of ISACA. But any response will need to be based on a thorough understanding of the risks, Stroud said. Companies will likely have to pay more attention to practices like network segmentation, strong authentication and network monitoring. Vendor management processes will need special attention, Stroud noted.

Many of the devices integrated in smart buildings have little security built into them and come from vendors that are unfamiliar to most IT organizations. Suppliers in the building automation world don’t have the same kind of processes in place that IT vendors do for responding to vulnerabilities in their products. Few have any notification process to let customers know about security threats to their products. IT organizations will need to work with building management teams to update vendor lists, build a register of contacts and know who to reach out to in case a response needs to be escalated, Stroud said.

 

Source: CiteWorld

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