Jolted: Elevator companies face separate lawsuits over injuries at two Brickell sites

Brickell City Centre’s mall and Brickell Heights (Credit: Wikipedia and Brickell)

Two recent lawsuits filed in Miami-Dade Circuit Court allege people experienced sudden drops in elevators at Brickell Heights and Brickell City Centre in Miami, causing injuries.

Thyssenkrupp was sued over an incident at Brickell Heights East Condominium, at 315 South Biscayne Boulevard.

Separately, Otis Elevator and Swire Properties are defendants in a suit that alleges an elevator at Brickell City Centre injured a shopper there.

Neither the city of Miami nor the Florida Department of Professional and Business Regulation tracks the total number of elevator complaints in Miami.

An investigation by The Real Deal in New York found dozens of lawsuits filed every year in New York City over elevator-related incidents, and it’s often difficult to determine who’s at fault when an accident or death occurs. The investigation found lapses by mechanics with little training, and failure by inspectors to identify hazards, address complaints and conduct inspections.

In the Brickell Heights case in Miami, subpoenas are still going out after an amended complaint was filed in the case recently. Two plaintiffs, Dragana Stojanovic and David Sherman of Miami, allege they visited the tower in October 2017 to watch the American League baseball playoff game with a resident there, Glenn Asher.

They left afterward, boarding the elevator on the ninth floor, the lawsuit says.

“While rapidly descending, the elevator suddenly, and without warning to the plaintiffs, violently jolted to a stop – feeling as though the elevator had struck the ground at full speed. The force of the impact caused the Plaintiffs’ legs to buckle, driving them downward toward the floor of the elevator,” according to the suit.

They wound up trapped in the elevator “for several hours,” though the suit does not provide additional details. The two went home and didn’t seek immediate medical attention, but they experienced pain later and sought a doctor, according to the suit.

Thyssenkrupp has filed a formal answer to the suit, stating that third parties altered the equipment or were negligent, and that it is not contractually liable for the damages. It also accuses Stojanovic and Sherman of failing to be “aware of their surroundings.” A spokesman for the company declined further comment. The suit also names Brickell Heights East Condominium Association as a defendant.

In the Brickell City Centre case, area resident Gustavo Aguilar alleges he was at the Swire Properties-owned mall on May 17, 2017, “when the elevator suddenly and without warning began to free-fall at a high velocity before abruptly stopping, causing the Plaintiff to become injured,” according to the suit.

Aguilar’s lawsuit, originally filed in December, alleges he was hospitalized for injuries.

Otis has filed a formal answer, stating similar defenses to Thyssenkrupp’s in the Brickell Heights case: that it had no knowledge of any problem with the elevator and that the plaintiff was also negligent.

Swire Properties hasn’t filed an answer yet. A spokesperson for Swire said via email that “The safety and well-being of our guests is always the top priority. Our elevators are regularly tested and maintained according to industry-best standards and applicable law.”

from The Real Deal Miami https://therealdeal.com/miami/2019/04/23/jolted-elevator-companies-face-separate-lawsuits-over-injuries-at-two-brickell-sites/

Kansas ethanol exec buys condo at Auberge Fort Lauderdale

Auberge Beach Residences & Spa Fort Lauderdale and Bob Casper, president of Poet Ethanol Products

The head of a Wichita, Kansas-based ethanol transportation company bought a condo in the newly completed Auberge Beach Residences & Spa Fort Lauderdale’s north tower for $8.6 million.

Bob Casper and his wife Arlene bought the 4,636-square-foot condo at 2200 North Ocean Boulevard for $1,855 per square foot, records show. The seller of unit 1601 was Quebec-based Camco Real Estate.

The unit is among the first — or possibly the first — resale at the luxury condo development in Fort Lauderdale Beach. Camco Real Estate closed on the condo in August 2018, paying $6.9 million, but it is unclear when it entered into a preconstruction contract to purchase it. It now sold for almost 25 percent more than its initial sales price.

Casper is the president Poet Ethanol Products, which is one of the largest ethanol marketing companies in the country, according to media reports. His company works with ethanol producers to provide transportation, logistics and marketing for their products.

The sale could signal strong demand for high-end luxury condos in Fort Lauderdale. It also marks a contrast from Miami where resale prices have dropped significantly amid a glut of luxury condos. Fort Lauderdale, meanwhile, has much less supply, so buyers have fewer options if they want to buy a luxury condo.

The Related Group, Fortune International Group and the Fairwinds Group developed the two-tower waterfront Auberge.

In March, the owner of the National Hockey League’s Florida Panthers Vincent Viola bought two units for $10 million.

Other buyers at Auberge include Citrix CEO David Henshall, former Miami Dolphins quarterback Dan Marino and Jacob Trouba of the Winnipeg Jets. Last year, the son of Salmar Properties founder Sal Rusi paid $9.3 million for a penthouse in the north tower.

from The Real Deal Miami https://therealdeal.com/miami/2019/04/23/kansas-ethanol-exec-buys-condo-at-auberge-fort-lauderdale/
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The legislator is a landlord: A quarter of California lawmakers also collect rent

From left: Anthony Rendon and Sydney Kamlager-Dove

Along with voting on bills that include rent control caps and new protections for renters, one of the preferred side hustles for California legislators is collecting rent from tenants.

At least 30 lawmakers — or 25 percent of the 120-member Legislature — own properties that generate income from renters, according to a CALmatters report. Many of those representatives rent out multiple homes, and receive at tens of thousands of dollars per year, the report showed.

That list includes Assembly Speaker Anthony Rendon, whose 63rd District includes Southeast Los Angeles. He collected $40,000 in rental income last year with his wife, the report showed. The couple had four properties, including a condominium in Downtown L.A. Others landlord lawmakers include Assemblywoman Sydney Kamlager-Dove, in L.A., who collected $20,000; Assemblywoman Cristina Garcia in Bell Gardens, who took in $61,000; and Assemblyman Christopher Holden in Pasadena, who received $11,000, the report showed.

Six of the 25 are members of the Housing and Community Development Committee, and all will vote on bills to expand tenant rights and rent control measures, including the “just cause” eviction proposal that previously failed in the Assembly, with just 16 votes.

This year legislators will also consider a “rent-gouging” cap on allowable rent increases, and a bill that would allow cities to apply rent control on single-family homes and apartments built after 1995. [CALmatters] — Gregory Cornfield

from The Real Deal Miami https://therealdeal.com/la/2019/04/22/the-legislator-is-a-landlord-a-quarter-of-california-lawmakers-also-collect-rent/#new_tab
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Terry Stiles’ widow sells Fort Lauderdale waterfront mansion for $10M

 

Terry Stiles and 776 Southeast 10th Street (Credit: Realtor)

Jamie Stiles, widow of the late commercial developer Terry Stiles, sold the couple’s waterfront Fort Lauderdale mansion for $10.1 million.

Stiles sold the 8,166-square-foot-estate at 1776 Southeast 10th Street for $1,242 per square foot, records show. The buyer is a Delaware company that lists its address as a Phoenix home owned by Mark Tkach.

776 Southeast 10th Street (Credit: Realtor)

Tkach is the CEO of RideNow PowerSports, which claims to be the largest motorsports dealer in the United States, operating over 42 dealerships across the country, according to its website.

The property has over 300 feet of water frontage and has six bedrooms and eight-and-a-half bathrooms.

Kelly Drum of Drum Realty was the listing agent for the property. It was listed in October for $13.2 million.

Terry Stiles was the chairman and CEO of Stiles Corp. He transformed Fort Lauderdale’s downtown, building the city’s tallest and most prominent office buildings. Stiles constructed the Bank of America Plaza at Las Olas City Centre in 2002 and AutoNation’s headquarters in 2006. The developer died in 2017 at age 70 after a lengthy battle with cancer.

At the time of his death, the company had built more than 43 million square feet of commercial and multifamily space across the country.

Records show the Stiles paid $8.17 million for the mansion in 2016.

from The Real Deal Miami https://therealdeal.com/miami/2019/04/22/terry-stiles-widow-sells-fort-lauderdale-waterfront-mansion-for-10m/
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Virgin Trains closes $1.75B bond issue to fund expansion to Orlando

From left: Francis Suarez, Patrick Goddard, Richard Branson, Esteban Bovo and Ken Russell

Virgin Trains USA, formerly Brightline, closed a $1.75 billion private-activity bond issue to fund an expansion of its passenger train service to Orlando.

Investment banking firm Morgan Stanley was the underwriter for the bond issue purchased by 67 investors. A state agency, the Florida Development Finance Corp., approved the bond issue April 5.

Part of the Virgin Group founded by Richard Branson, Virgin Trains will use the bond-issue proceeds to fund construction of 170 miles of new track from West Palm Beach to an intermodal facility at Orlando International Airport.

Construction will start soon and is expected to conclude in 2022.

Virgin Trains, which also plans to extend its service in Florida to Tampa, has announced that it will operate passenger train service between Southern California and Las Vegas.

A subsidiary of Fortress Investment Group LLC, Virgin Trains last year launched service at downtown train stations in Miami, Fort Lauderdale and West Palm Beach.

“We have already seen firsthand the economic benefits our project has delivered in South Florida from revitalizing downtown Miami to spurring growth in Fort Lauderdale and West Palm Beach.” Patrick Goddard, president of Virgin Trains, said in a prepared statement. – Mike Seemuth

from The Real Deal Miami https://therealdeal.com/miami/2019/04/21/virgin-trains-closes-1-75-billion-bond-issue-to-fund-expansion-to-orlando/
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Chicago’s first building code overhaul in 70 years could boost housing market: experts

Buildings Department Commissioner Judy Frydland (Credit: iStock; illustration by Kevin Rebong for The Real Deal)

The City Council’s recent move to update Chicago’s building code for the first time in 70 years could be a boon for the real estate industry, which long has pushed for changes to make development cheaper and easier.

The new code adopts a lot of the standards in the 2018 International Building Code, which architects and designers are billing as a huge win for the industry. For one, architects will have to spend less time becoming acquainted with Chicago’s byzantine code.

“It will help standardize how architects complete projects, so Chicago is not as peculiar as it used to be,” said Zurich Esposito, executive vice president of the American Institute of Architects’ Chicago branch.

Some of the big changes in the new building codes include requiring sprinkler systems in residential buildings with four or more units, reducing the minimum ceiling requirements in basement and attic spaces to boost ancillary dwelling units, and requiring seismic design features for the first time in the city’s history.

Development, particularly of high-rise multifamily and office buildings, still flourished under the previous code. But that doesn’t mean the process wasn’t onerous.

Modern building techniques and materials have been allowed in Chicago’s new developments, but using them often required a special approval, which ate up time and resources for the city and developers, city Buildings Department Commissioner Judy Frydland said.

“It gives our code a flexibility,” said Frydland, who spearheaded the overhaul.

For example, glass as a structural element in buildings was permissable only if the builder secured a special permit, since the previous rules did not specifically allow it. Now developers wanting to use glass in such a way won’t need to seek special permission, said Chris Chwedyk, a licensed architect who also works as a building code consultant.

The same goes for new materials used in roof repairs and the use of plastics in certain home projects, he said.

The new code will also allow for the use of the “performative method,” which allows for greater flexibility in rehab projects, said Ken DeMuth, partner at Pappageorge Haymes Partners who was co-chairman of the committee charged with reviewing the city’s renovation codes. Previously, rehabbers and developers followed the “prescriptive” method, which required them to stick to the letter of the building code.

“It gives you more approaches to use,” DeMuth said. “Especially in rehabs, not everything fits in a nice, neat box.”

While the changes will impact high-rise construction, the new code will particularly be a boon to single-family and small-scale development, said Paul Colgan, government affairs director for the Home Builders Association of Greater Chicago.

“We’re building a lot of multifamily but not a lot of single-family or two flats,” Colgan said. “These could help construct some of the housing types that are needed in the neighborhood.”

Streamlining the permitting process and allowing for new construction methods and materials could make housing development cheaper, therefore reducing housing prices for residents, said Brian Bernardoni, local government affairs director for the Illinois Association of Realtors.

“We won’t have an affordable city until we have an affordable building code,” he said. “We’re making strides in that direction.”

In overhauling the code, Frydland said an emphasis was placed on making home improvements and historical rehabs easier and more affordable. A pilot program that allowed the use of new techniques and materials in plumbing worked saved Chicago homeowners and landlords $15 million, Frydand said.

Real estate advocates did not get everything they wanted in the overhaul. The industry lobbied for allowing more extensive use of plastic piping in some housing development, but it did not make the final cut.

And requiring sprinkler systems in new residential construction of four or more units will increase costs for developers. Coglan said he’d have liked to have seen a higher threshold for sprinklers, but that “staying away from single family, two- and three-flats is crucial.” To help with the cost of sprinklers, the city will now allow developers greater height and density in some buildings, according to the city.

The city will gradually phase in the new code, to allow for the working out of any kinks that should arise, Frydland said.

The new building code book will be published in October, at which point the city will have an invitation-only pilot program that will allow developers to use the new rules. Frydland said developments of all sizes will hopefully participate in the pilot to determine how the new codes impact building projects.

The new regulations will become mandatory by August 2020.

“There’s still a lot of work to be done,” Frydland said.

from The Real Deal Miami https://therealdeal.com/chicago/2019/04/19/chicagos-first-building-code-overhaul-in-70-years-could-boost-housing-market-experts-say/#new_tab
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Terry Stiles’ widow sells Fort Lauderdale waterfront mansion for $10M

 

Terry Stiles and 776 Southeast 10th Street (Credit: Realtor)

Jamie Stiles, widow of the late commercial developer Terry Stiles, sold the couple’s waterfront Fort Lauderdale mansion for $10.1 million.

Stiles sold the 8,166-square-foot-estate at 1776 Southeast 10th Street for $1,242 per square foot, records show. The buyer is a Delaware company that lists its address as a Phoenix home owned by Mark Tkach.

776 Southeast 10th Street (Credit: Realtor)

Tkach is the CEO of RideNow PowerSports, which claims to be the largest motorsports dealer in the United States, operating over 42 dealerships across the country, according to its website.

The property has over 300 feet of water frontage and has six bedrooms and eight-and-a-half bathrooms.

Kelly Drum of Drum Realty was the listing agent for the property. It was listed in October for $13.2 million.

Terry Stiles was the chairman and CEO of Stiles Corp. He transformed Fort Lauderdale’s downtown, building the city’s tallest and most prominent office buildings. Stiles constructed the Bank of America Plaza at Las Olas City Centre in 2002 and AutoNation’s headquarters in 2006. The developer died in 2017 at age 70 after a lengthy battle with cancer.

At the time of his death, the company had built more than 43 million square feet of commercial and multifamily space across the country.

Records show the Stiles paid $8.17 million for the mansion in 2016.

from The Real Deal Miami https://therealdeal.com/miami/2019/04/22/terry-stiles-widow-sells-fort-lauderdale-waterfront-mansion-for-10m/
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