ORDINANCE NO. 14-29 OBERADCINHANPCREOPGERRATNYTINHGOLTDHEINGPSETIRTEIOTNAILO, F LDLACY, TOFNOAR
EDSISTTARBILCITS,HMSUEBNJTECOT FTOA  CCOONMMUDITIONNITSY;  CDREEVAETLINOGPMAENNDT

EDSETVAEBLLOIPSMHIENNGT	DIOSTNREICT; DPARYOTVOINDAING

CFORMMNUAMNITEY,

BP OUNEDRSA,RANIESD; PDRUOTVIIEDSI;NGPRIONIVTIDIAINL GMEDMEBSCERRISPOTIFOBNOARD

OPRFOVSIUDPINERGVAISNOERFSF;ECPTRIOVVEIDAINTGE.

SEVERABILITY;	AND

WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes, to provide an alternative method to finance and manage basic services for community development; and
WHEREAS, Daytona Beach Property Holdings Retail, LLC, a Delaware limited liability company, has petitioned for the establishment of the One Daytona Community Development District (the "District") and has paid the required fee of Fifteen Thousand and 00/100 Dollars ($15,000.00) to The City of Daytona Beach, Florida; and
WHEREAS, a public hearing has been conducted by the City Commission (the ''Commission") of The City of Daytona Beach, Florida (the "City"), in accordance with the requirements and procedures of § 190.005(2)(d), Florida Statutes, and the applicable requirements and procedures of the City's Charter and Code of Ordinances; and
WHEREAS, the City Commission has determined that the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the City's management and financing needs for delivery of capital infrastructure therein without overburdening the City and its taxpayers, based on the information provided in the Petition, including the following representations:

That the District's st01mwater system will tie in to the City's stonnwater system, consistent with applicable laws, regulations, and City design standards, and the District will pay required stonnwater fees imposed by City ordinance; and
That the City will provide water, sewer, reuse water, stom1water, and solid waste utility services to properties within the District; and
That the City will retain construction permitting and inspection responsibilities regarding District improvements; and
That the District will enter into an interlocal agreement with the City to allocate construction and maintenance responsibilities regarding public infrastructure, public facilities, and public services, consistent with the representations contained in the Petition.
WHEREAS, the Commission finds that the statements contained in the Petition are true and conect; and
WHEREAS, the creation of the District is not inconsistent with any applicable element or portion of the State comprehensive plan or the City's Comprehensive Plan; and
WHEREAS, the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional intenelated development; and
WHEREAS, the creation of the District is the best alternative available for delive1ing community development facilities and services to the area that will be served by the District; and
WHEREAS, the proposed facilities and services to be provided by the District will be compatible with the capacity and uses of existing local and regional community development facilities and services; and

WHEREAS, the area that will be served by the District is amenable to separate special district government; and
WHEREAS, the Commission finds that the District shall have those general and special powers authorized by§§ 190.011 and 190.012, Florida Statutes, and set forth herein, and that it is in the public interest of all of the citizens of the City that the District have such powers.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF DAYTONA BEACH, FLORIDA:
SECTION 1. The foregoing findings, which are expressly set forth herein, are hereby adopted and made a part hereof.
SECTION 2. The Petition to establish the One Daytona Community Development District over the real property described in Exhibit 2 of the Petition, a copy of which is attached hereto, which was filed by the Petitioner on December 19, 2013, and which Petition is on file at the Office of the Clerk of the Commission, is hereby granted: A copy of the Petition is attached and incorporated herein as Exhibit A.
SECTION 3.  The external boundaries of the District are depicted on the location map attached hereto and incorporated herein as Exhibit B.
SECTION 4. The initial members of the Board of Supervisors shall be as

follows:

Name:	Glenn Ritchey
Address: 551 N01th Nova Road, Daytona Beach, FL 32114

Name:	Kevin Bowler
Address: 2275 Mason Ave, Daytona Beach, FL 32117

Name:	Gary Crotty
Address: One Daytona Boulevard, Daytona Beach, FL 32114

ANdamdree:ss:	 OScnoettDBauyltlooncakBoulevard, Daytona Beach, FL 32114 ANdadmrees:s:	OChne DylaCytooxnwa eBlloulevard, Daytona Beach, FL 32114
SECTION 5. The name of the District shall be the "One Daytona Community Development District".
SECTION 6. The One Daytona Community Development District is created for the purposes set forth in Chapter 190, Florida Statutes.
SECTION 7. Pursuant to § 190.005 (2) (d), Florida Statutes, the charter for the One Daytona Community Development District shall be §§ 190.006 through 190.041, Florida Statutes, as amended.
SECTION 8. Based on the findings referenced above, the Commission hereby grants to the One Daytona Community Development District all powers authorized pursuant to
§§ 190.011 and 190.012(1)(a)-(h), (2)(a), and (3), Florida Statutes, and hereby finds that it is in the public interest of all citizens of the City to grant such general powers.
SECTION 9. All bonds issued by the One Daytona Community Development
District pursuant to the powers granted by this ordinance shall be validated pursuant to Chapter 75, Florida Statutes.
SECTION 10. No bond, debt or other obligation of the One Daytona Community Development District, nor any default thereon, shall constitute a debt or obligation ofthe City.
SECTION 11. The District will enter into an interlocal agreement with the City to
allocate construction and maintenance responsibilities regarding public infrastructure, public facilities, and public services, consistent with the representations contained in the Petition and set forth above.

SECTION 12. If any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
SECTION 13. It is the intention of the Commission, and it is hereby ordained that the provisions of this ordinance shall be excluded from the City's Code of Ordinances.
SECTION 14. This ordinance shall become effective ten (10) days after the date
ofenactment.

DMEayRoRrICKL. HENRY
ATTEST:

PAadsospetde:dJ:aFneubarruya2ry2,52,0210414

\

EXHIBIT A TO THE ORDINANCE

DAYTONA BEACH, FLORIDA

DAYTONA BEACH PRPOEPTEITRITOYNHBOYLDINGS RETAIL, LLC   THE CITY COMMISSIONERS OFTOTHE CITY OF DAYTONA BEACH
ONE DRAEYQTUOENSATINCOGMTMHEUNEISTTYADBELVISEHLMOEPNMTEONFT TDHISETRICT

DAYTONA BEACH PROPERTY HOLDINGS RETAIL, LLC,

(the "Petitioner") hereby petitions the CITY COMMISSIONERS OF THE CITY OF DAYTONA BEACH, DAYTONA BEACH, FLORlDA (the "City"), pursuant to the "Unifotm Community Development District Act of 1980," Chapter 190, Florida Statutes, to adopt an ordinance establishing the One Daytona Community Development District (hereinafter "CDD,, or "District") with respect to land described herein. In suppo1t thereof, the Petitioner submits:

Petitioner. Daytona Beach Property Holdings Retail, LLC has its principal place ofbusiness at One Daytona Boulevard, Daytona Beach, Florida 32114-1243.

Location and Size. The property to be included within the District is located entirely within the incorporated limits of the City of Daytona Beach, Florida and is depicted on the general location map attached to and incorporated with this Petition as Exhibit 1. The site is generally located on West International Speedway Boulevard, across from the Daytona International Speedway. The proposed District covers approximately 188.89± acres of land. The metes and bounds description of the external boundaries of the District is attached to and incorporated with this Petition as Exhibit 2. There is no real propelty within the proposed extemal boundaries of the District that is excluded from the Distl'ict.

. 3.       Landowner  Consent.   Petitioner has obtained wl'itten consent to establish  the District from the owners of one hundred percent (100%) of the real prope1ty located within the boundaries of the District. The written consent is attached to and incorporated with this Petition as Exhibit 3.

Name. The name of the proposed District will· be One Daytona Community Development District.

Initial Board Members. The names and addresses of those designated to be the five (5) initial members ofthe Board of Supervisors of the District, all of whom are residents of the State ofFlorida and citizens ofthe United States, are as follows:

Name:	Glenn Ritchey
Address:	551 North Nova Road, Daytona Beach, FL 32114 Relationship to Petitioner:	None

(043596-001 : MWAIT/JNLEO: O\S81 !OS.DOCX: 3)

NAadmdree:ss:	K22e7v5inMBaoswonleAr ve, Daytona Beach, FL 32117 
Relationship to Petitioner:	None
NAdamdree:ss:	GOanreyDCaryottotyna Boulevard, Daytona Beach, FL 321 14
Relationship to Petitioner:	Employee ofRelated Company

Address:	One Daytona Boulevard, Daytona Beach, FL 321 14 

Name:	Scott Bullock
Relationship to Petitioner:	Employee ofRelated Company

Address:	One Daytona Boulevard, Daytona Beach, FL 321 14 

Name:	Cheryl Coxwell
Relationship to Petitioner:	Employee ofRelated Company

6.	A map of the lands within thej proposed

Major Water and Wastewater Facilities.
Dcainstarlisctansdhodwrainingagtheebeaxsiinstsinisgamttacohredtlutonkanwdaitnecromrpaoirnast,edsewiethr itnhtiesrPcetittoiorsn aansdExthheibmita4o. r outfall

7.	The District presently expects to finance,

District Facilities and Services.

the District. Attached to and incorporated with this Petition, Exhibit 5 describes the type of

construct, install	d maint in improvements ofthe District's facilities to benefit the lands within

and expenditures may vary, due in	to the effects of future changes in the economic

facilities and th estimated costs. Thispfarta a good faith estimate. Actual con ruction timetables conditions upon costs such as labor, services, materials, interest rates and market conditions.

. 8.	The existing zoning for lands within the

Existing Zoning and Future Land Use. tphreopoprsoedpoDseisdtriDctisistraictttacihsedcutorreanntdlyincpoarrptioarlalytedrewdietvhetlhoipsePdetwitiiothn atsheExIhnitbeirnt 6a.tioTnhael laSnpdeewdiwthainy eCxotrepnotroatfiothnecpourbploicraatendhepardivqautaertlaernsd. usTehsewpitrhoipnoasend fsuurtruoruengdeinngertahledDistirstirbiuct,ioans, dleosciagtnioante, danond twhiethcuthrriesnPteCtiitityonofasDEayxthoibnait B7.each Future Land Use Map is also attached hereto and incorporated

A Statement ofEstimated Regulatory

9.	Statement ofEstimated Regulatory Costs.
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10.	The Petitioner is authorized to do business in Florida. The

Authorized Agent.

DeLand, FL 32724,

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{043596-001 : M\VAIT/JNLEO : 0lS8ll05.DOCX; 3)

. 2. 

Powers Requested. The District is seeking and hereby requests the right to exercise all powers provided for in Section 190.011, Florida Statutes, including the power of eminent domain as outlined in Section  190.011  (1 1), Florida Statutes, and all special powers outlined in Section 190.012, Florida Statutes. The full text ofthe powers requested herein is set fmth in Addendum No. 1 attached hereto.

Justification Statement. The property within the District is amenable to operating as an independent special district for the following reasons:

All statements contained in this Petition are true and con·ect.

The District and all land uses and services planned therein are not inconsistent with applicable elements or portions of the effective City of Daytona Beach Comprehensive Land 11se Plan, as amended, or any applicable elements ofthe state comprehensive plan,

The area of land within the proposed District is part of a unified plan of development approved by the City of Daytona Beach, Florida. The land to he included in the District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated development.

(i)

The proposed District will be the best altcmative available for delivering community development services to the area to be served because the District provides a mechanism for delivering those services and facilities in a mam1er that does not financially impact persons residing outside the District and (ii) the District provides a responsible perpetual entity capable of making reasonable provisions for the operation and maintenance ofthe District services and facilities in the future.

The District's community development services and facilities will be compatible with the capacity and use of existing local and regional community development services and facilities, as is evidenced by the City of Daytona Beach Comprehensive Plan, will allow for a more efficient use of resources, and will provide a perpetual entity capable ofmaking provisions forthe operation and maintenance ofthe District services and facilities.

For the foregoing reasons, the area to be served by the pl'oposed District is amenable to separate special distdct government.

WHEREFORE, Petitioner respectfully requests the City Commissioners of the City of Daytona Beach to:

Direct that a local public hearing be held as required by Section 190.005(2)(b), Florida Statutes; to consider the establishment of the One Daytona Community Development Distl'ict; and

{043596-001 : M\VATf/JNLEO : 01581 105.DOCX; 3)

- 3 -

190) Flo2r.ida StaGturatnest;tehsetaPbeltiisthioingftohreEOstnaebDlisahymtoennat CanodmamduonpittyanDOevredlionpanmceenpt uDrissutarinctt;toanCdhapter powers 3a.re set fCoortnhseinntCtohatphteerDtis9t0ri,cFt'lsoerxidearcSitsaetuotfeist.s statutory powers requested herein, as those RESPECTFULLY SUBMITTED, this .f%:li. day of  �CAMb..,,,  , 2013.

FlaorridAa B. WaraNttos . 0157521
3D5e1LEanadst) NFLew3Y27o2r4k Avenue; Suite 200 A(3t8to6r)n7e3y6f-o7r70P0etitioner

(043596-001 : MWATT/JNI.EO : 01581 105.UOCX; 3)

- 4 -

EXHIBIT 1
General Location Map
EXIDBIT 2
Metes and Bounds Legal Description
EXHIBIT 3
Written Consent of I 00% of Landowners
EXHIBIT 4
Existing Water Mains, Sewer Interceptors, and Outfalls
EXHIBIT S
Estimated Cost ofConstructing Proposed Services
EXHIBIT 6
Zoning Map
EXHIBIT 7
Future Land Use Map
EXHIBIT S
Statement ofEstimated Regulatory Costs
EXHIBIT 9
Authorization of Owner
Addendum No. 1
Florida Statutes Section 190.011 and 190.012

(043596-001 : MWATT/JNLRO : 01589912.00CX; I} 

LOCATION MAP
ONE DAYTONA CDD

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aINFTloErRidNa ACTorIOpoNraAtiLonSPEEDWAY CORPORATION

Name: Brian �ilson

By:	·
Title:	Vice President Corporate Development
SCTOAUTNETOYFOFFLVOORJLDUASIA

.!Q	The  fo�e,going  instrument was  acknowledged  before me this	/	day of

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(043596-001 : MWATT/JNl.F.O : 01S89906.POCX; I} 

SIGNATURE PAGE FOR LANDOWNER CONSENT

Executed this Jr'day of	)V,<l-UUYY-...�..01,,2013.
aEVFlEoNriTdaEliQmUitIePdMliEabNiTlityLEcoAmSpINanGy,, LLC

CSTOAUTNETOYFOFFLVOORLIDUASIA

By:

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(0<13596-001 : MWATT/JNLEO : 01589906.DOCX; I) 

SIGNATURE PAGE FOR LANDOWNER CONSENT
Executed this Jro U'-clay of '1/tLJI tV.({)\..�V, �,' 2013.
DBUAIYLTDOINNGA, LBLECA, aCDHelaPwRaOrePElimRTiteYd liHabEiAlitDyQCUoAmRpaTnEyRS

SCTOAUTNETOYFOFFLVOORLIDUASIA

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(0•13596-001 : MIVATT/JNLEO : 01589906,DOCX; I} 

SIGNATURE PAGE FOR LANDOWNER CONSENT

IaSFCloPrRidOa PliEmRitTedIElSia,bLilLitCy company
By:	NTiatle:em  : PBrreiasnidKen.tWilson
CSTOAUTNETOYFOFFLVOORLIDUASIA
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(043596-001 : MWATT/JNLEO : 01589906.DOCX; I)

SIGNATURE PAGE FOR LANDOWNER CONSENT

J.,

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Executed this _llday of  \D)J,QM, �.l)fl013. 

VOLUSIA POINT PROPERTIES, LLC
a Florida limited liability company

By:	Name: Brian K. Wilson	• Title: President

STATE OF FLORIDA COUNTY OF VOLUSIA

�

The   foregoing   instrument   was   acknowledged   before   me   this   /q-t_c...,  day   of '-'U-t(1Q.,Vtll�v , 2013, by Brian K. Wilson, President of Volusia Point Properties, LLC,  on behalf   of   said    company.       He    is    personally    known   to   me   01:--has-p1:0dt�d
 	a�.identHication.

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Conunission No.:	1<..	o

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{0H596,001 : MWATT/JNLEO : 01589906.DOCX; I} 

(LegEaXl HIBDescIrTipAtion)

DESCRIPTION: PARCEL 1
A PORTION OF "AEROSPACE INDUSTRIALPARK, SECTION ONE" AS RECORDED IN MAP BOOK 27, PAGE 58, OF i'ME PUBUC RECORDS OF VOLUSIA COUNlY, FLORIDA AND "GENERAL ELECTRIC INDUSTRIAL PARK, SECTION ONE, PARCEL 7 REPLAT'' AS RECORDED IN MAP BOOK 36, PAGE 138, OF THE PUBLIC RECORDS OF VOi.USiA COUNlY, FLORIDA AND ALL OF GENERAL ELECTRIC COMPANY PRODUCTION FACll.llY BLOG. NO. 6 AS RECORDED IN MAP BOOK 39, PAGE 118, OF THE PUBLIC RECORDS OF VOLUSIA COUNlY, FLORIDA AND A PORTION OF LOTS 1 THROUGH 6, INCLUSIVE, BILTMORE HEIGHTS SUBDIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OF THE PUBUC RECORDS OF VOLUSIA COUNlY, FLORIDA, AND A PORTION CENTRAL INDUSTRIAL PARK, UNRECORDED SUBDIVISION IN SECTION 15, TOWNSHIP 15 SOUTH, RANGE 32 EASE, ALL LYING WITHIN SECTION 14, SECTION 15 AND SECTION 23, TOWNSHIP 15 SOUTH, RANGE 32 EAST, CITYOF DAYTONA BEACH, VOLUSIA COUNTY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS;
BEGINNING ATTHE SOUTHWEST CORNER OF SAID LOT 1, BILTMORE HEIGHTS SUBDIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OFTHE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, THENCE ALONG THE WEST LINE OF LOTS 1 THROUGH 4, SAID BILTMORE HEIGHTS, N24"21'56"W, 1181.61 FF.ET TO THE SOUTH LINE OF THAT PROPERTY DESCRlllED AS PARCEL 2 IN OFFICIAL RECORDS BOOK 5368, PAGE 3394, SAID PUBLIC neconDS; THF.NCE S67"37'28"W ALONG SAID SOUTH LINE, 666.29 FEET TO THE EASTERLY RIGHT OF WAY LINE OF FENTRESS BOULEVARD; THENCE N24.21'56"W ALONG SAID EASTERLY LINE, 100.00 FEET TO THE NORTH LINE OF SAID PARCEL 2; THENCE N67.37'28"E ALONG SAID NORTH LINE, 666.29 FEETTO THE WEST LINE OF LOT 4, SAID BII.TMORE HEIGHTS; THENCE N24'21'56"W ALONG THE WEST LINEOf LOTS 4 THROUGH 6, SAID BILTMORE HEIGHTS, 614,83 FEET TO THE SOUTH LINE OF THAT PROPERTY DESCRIBED AS PARCF.L 805 IN OFFICIAL RECORDS BOOK 4576, PAGE 3863, SAID PUBLIC RECORDS; THENCE N67'38'09"E ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF PARCEL 5, PS DESCRIBED IN OFFICIAL RECORDS BOOK 4576, PAGE 3863, SAID PUIJLIC RECORDS, 923.07 FEET TO THE EAST LINE OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 4576, rAGE 3863, SAID PUBLIC RECORDS; THENCE S24"33'18"E ALONG SAID EAST LINE, 1169.09 FEET TO THE SOUTH LINE OFTHATPROPERlY DESCRIBED IN OFFICIAL RECORDS BOOK 3153, PAGE 858, SAID PUBLIC RECORDS;TUENCE N65"3i"OO"E ALONG SAID SOUTH UNE, 359.61 fEETTO THE WESTERLY LINE OF THAT PROPERlY DESCRIBED AS PARCEL C IN OFFICIAL RECORDS BOOK 6430, PAGE 4715, SAID PUllLIC nECORDS, AND THE BEGINNING OF A NON TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 26.00 FEET, A CENTMLANGLE OF 80'38'56" AND A CHonoBEARING OF N23"53'36"E; THENCE ALONG THF. NORTHERLYBOUNDARY OF SAID PARCELC, EASTERLY ALONG THE ARC OF SAID CURVE, 36,60 FEET; THENCE N64"12'59"E ALONG SAID NORTHERLY BOUNDARY, 155.85 FEET TO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE SOUTHWF.STERLY, HAVING A RADIUS OF 68.04 PEET, A CENTRAL ANGLE OF 40'53'09" AND A CHORD BEARING OF S80'55'32"E; iHENCE SOUTHEASTERLY ALONG SAID NORTHERLY BOUNDAnY AND ALONG THE AnC OF SAID CURVE, 48.55 FEET TO THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3153, PAGE 858, SAID PUBLIC RECORDS; THENCE AlONG SAID SOUTH LINE N65"37'00"E, 197.64 FEET TO THE WEST LINE OF THAT PROPERTY DESCRIBED AS PARCEL "D" IN OFFICIAL' RECOROS BOOK 6430, PAGE 4715, SAID PUBLIC RECORDS; THENCE N24.27'52"W ALONG SAID WEST LINE, 530.80 FEET; THENCE . ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL "D" THE FOLLOWING ELEVEN COURSES; N65'58'42"E, 41,80 FEET; THENCE S6B'll'03"E, 66.94 FEET; THENCE S53'02'SO"E, 31.06 FEET; THENCE S78"46'17"E, 71.92 FEET; THENCE S67'55'46"E, 77.85 FEET; THENCE S79"34'19"E, 102.61 FEET; THENCE NS1'26'37"E, 74.25 FEET; THENCE S80'53'38"E, 110.85 FEET; THENCE S73'49'15"E, 78.42 FEET; THENCE S84'33'53"E,40,35 FEET; THENCE N61'29'56"E, 48.48 FEET TO THE NORTHERLY EXTENSION OF THE EAST LINE OF GENERAL ELECTRIC COMPANY PRODUCTION FACILITY BLDG, NO. 6, AS RECORDED IN MAP DOOK 39, PAGE 118, SAID PUBLIC RECORDS; THENCE S24'24'22"E ALONG SAID NORTHERLY EXTENSION AND ALONG SAID EAST LINE AND ALONG THE EAST LINE OF GENERAL ELECTRIC COMPANY INDUSTRIAL PARK SECTION ONE PARCEL 7 REPLAT, AS RECORDED IN MAP BOOK 36, PAGE 138, SAID PUBLIC RECORDS, 1278.41 FEETTO THE sourn LINE OF SAID "GENERAL ELECTRIC INDUSTRIAL PARK, SECTION ONE, PARCEL 7 REPLAT"; THENCE ALONG SAID SOUTH LINE, N65'37'00''E, 301,00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET ANO CENTRAL ANGLE OF 90'00'00"; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE, 39.27 FEET TO THE INTERSECTION OF SAID sourn LINE OF "GENERAL ELECTRIC INDUSTRIAL PARK, SECTION ONE, PARCEL 7 REPLAT" AND THE WESTERLY RIGIIT OF WAY LINE OF MASON AVENUE EXTENSION, A 100 FOOT RIGHT OFWAY AS NOW LAID OUT AND IN USE, SAID INTERSECTION POINT ALSO LYING ON THE EASTERLY LINE OF SAID "AEROSPACE INDUSTRIAL PARK, SECTION ONE"; THENCE ALONG SAID EAST LINE OF "AEROSPACE INDUSTRIAL PARK, SECTION ONE" AND THE WESTERLY RIGHT OF WAY LINE OF MASON AVENUE EXTENSION, S24"23'00"E 908.60 FEET TO THE NORntERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 92, ALSO KNOWN AS INTERNATIONAL SPEEDWAY BOULEVARD, A 200.00 FOOT RIGHT OF WAY PER FI.ORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 79060-2514; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, S67°43'22"W, 1359.52 FEET; THENCE N24'22'51"W, 28.02 FEET: THENCE S67'43'22"W, 211.18 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A MDIUS OF 2992,93 FEET AND CENTRAL ANGLE OF 00'58'49"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 51.21 FEET; THENCE N25'26'00"W, 76.96 FEET; THENCE S64'34'00"W, 140,00FEET; THENCE S25°26'00"E, 74,93 FEETTO THE BEGINNING OF A NON TANGENT CURVE,CONCAVESOUTHERI.Y, HAVING A RADIUS OF 2992,93 FEETAND A CENTRAL ANGLE OF 00'40'54",WITH A CHORD BEARING S63'42'52"W; THENCE WESTEnLY ALONG THE ARC OF SAID CURVE, 35.61 FEET TO THE EASTERLY RIGHT OF WAY LINE OF WEST ROAD, AN 80 FOOT RIGHT OF WAY PEn SAID PLAT OF "AEROSPACE INDUSTRIAL PARK, SECTION ONE"; THENCE LEAVING THE NORTHERLY RIGHT OF WAY LINE OF SAID U,S, HIGHWAY 97., AND PROCEEDING ALONG SAID EASTERLY RIGHT OF WAY LINE OF WEST ROAD, N45"12'44"W, 555,32 FEET; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE OF WEST nOAD, S65'37'00"W, 85.59 FEET TO THE WESTERLY RIGHT Of WAY LINE OF SAID WEST ROAD, SAID WESTERLY RIGHT OF WAY LINE ALSO BEING me WEST LINE OF SAID PLATOF "AEROSPACE INDUSTRIAL PARK, SECTION ONE"; THENCE ALONGSAIDWEST LINE, N45'12'44"W, 760.00 FEET TO THE SOUTH LINE OF SAID LOT 1, BILTMORE HEIGHTS; THENCE ALONG SAID SOUTH LINE, S58°38'09''W, 289,30 FEETTO THE POINTOF BEGINNING,

TOGETHER wmt; PARCEL2
A PORTION OF LOTS 6 THROUGH 12, INCLUSIVE, BILTMORE HEIGHlS SUBDIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OF TI-IE PUBLIC RECORDS OF VOLUSIA COUNlY, FLORIDA, All LYING WITHIN SECTION 14, TOWNSlllP 15 SOUTH, RANGE 32 F.AST, CllY OF DAYTONA OEACH, VOLUSIA COUNlY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHWEST CORNER OF LOT 1, SAID BILTMORE HEIGHTS SUBDIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OF THE PUBLIC RECORDS OF VOLUSIA COUNlY, FLORIDA, THENCE ALONG THE WEST LINE OF SAID LOlS 1 lHROUGH 6, N24.2i'56"W, 1946,47 FEET TO THE NORTHWEST CORNER OF THAT PROPERlY DESCRIBED AS PARCEL 805 IN OFFICIAL RECORDS BOOK 4576, PAGE 3863, SAID PUBUC RECORDS AND TI1E POINT OF BEGINNING; THENCE N24'21'56"W ALONGTHE WEST LINE OF LOTS 6 THROUGH 9, SAID BILTMORE HEIGHTS, 1162.58 FEET TO THE NORTHWEST CORNER OF SAID LOT 9; THENCE N23"12'56"W AlONG THE WEST LINE OF LOTS 10 THROUGH 12, SAID BILTMORE HEIGHTS, 990.79 FEETTOTHE NORTHWEST CORNER OF SAID LOT 12; THENCE N67'41'28"E ALONG THE NORTH LINE OF SAID LOT12, A DISTANCE OF 142.98 FEET TO THE WESTERLY RIGHT OF WAY LINE OF DUNN AVENUE AND THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 700.00 FEET, A Cl:NTRAL ANGLE OF 69°19'11 AND A CHORD BEARING OF SS7'03'45"E; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE, 846.90 FEET; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE S22'24'10"E, 771.66 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 800,00 FEET AND A CENTRAL ANGLE OF 47'33'49"; THENCE SOUTHERLY ALONG SAID WESTERLY RIGH, OF WAY LINE AND ALONG THE ARC OF SAID CURVE, 664.11 FEET TO THE NORTH LINE OF THAT PROPERTY DESCRIBED AS PARCELS IN OFFICIAL RECORDS BOOK 4576, PAGE 3863, SAID PUBLIC RECORDS; THENCE S67'38'15"W ALONG SAID NORTH LINE, 251.22 FEETTO THE WEST LINE OF SAID PARCEL 5; THENCE S22'21'45"E ALONG SAID WEST I.INF., 135.91 FEET TO THE NORTH LINE OF SAID PARCEL 805; THENCE S67'38'09"W ALONG SAID NORTH I.INE, 550,75 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH; PARCEL3
A PORTION OF LOTS 6 THROUGH 12, INCLUSIVE, BILTMORE HEIGHTS SUBDIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, ALL LYING WITHIN SF.CTION 14, TOWNSHIP 15 SOUTH, RANGE 32 EAST, CITY OF DAYTONA BEACH, VOLUSJA COUNlY, FLORIDA AND BEING FURTHER DESCRIBED AS FOtlOWS:

COMMENCE AT THE SOUTHWEST CORNER OF LOT 1, SAID BILTMORE HEIGHTS SUBDIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, THENCE ALONG THE WEST LINE Of LOTS 1 THROUGH 9, SAID BILTMORE HEIGHTS, N24'21'56"W, 3109.05 FEETTO THE NORTHWEST CORNER OF SAID LOT 9; THENCE N23'12.'56"W ALONG THE WEST LINE OF LOTS 10 THROUGH 12, SAID BILTMORE HEIGHTS, 990.79 FEET TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N67'41'28''E ALONG THE NORTH LINE OF SAID LOT 12, A DISTANCE OF 355.74 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF DUNN AVENUE; THENCE N67'41'28"E ALONG THE NORTH LINE OF SAID lOT l2, A DISTANCE OF 750.29 FEETTOTHE WEST LINE OF SECURITY FIRST BUSINESS PARK PHASE ONE, AS RECORDEO IN MAP BOOK 39, PAGE 119, SAID PUBLIC RECORDS; THENCE S22'20'58"E ALONG SAID WEST LINE, 989.89 FEEl' TO THE NORTH LINE OF SAID LOT 9; THENCE N67'39'02"E ALONG SAID NORTH LINE, 689.63 FEETTOTHE EAST LINE OF THAT PROPERlY DESCRIBED IN OFFICIAL RECORDS BOOK 4576, PAGE 3863, SAID PUBLIC RECORDS; THENCE S24'21'49"E ALONG SAID EAST llNE, 1135.09 FEET TO TIIE NORTHERLY RIGHT OF WAY LINE OF DUNN AVENUE; TIIENCE S67'35'35"W ALONG SAID NORTHERLY RIGHT OF WAY LINE,
437.75 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 700.00 FEET AND A CENTML ANGLE OF 90'00'15"; THENCE NORTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OFSAID DUNN AVENUE, 1099.61 FEET; THENCE N22.24'10"W ALONG SAID EASTERLY RIGHT OF WAY LINE, 771.66 FEETTO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 
800.00 FEET AND A CENTRAL ANGLE OF 54'54'12"; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE ANDTHE ARC OF SAID CURVF., 766.60 FEETTO THE POINTOF BEGINNING,
CONTAINING 188,89 ACRES, MOREOR LESS.

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EXHIBIT S
DISTRDIISCTTRFIACCTICLOITSITEESSATNIDMSAETREVSICES

PROPOSED FACILITIES AND SERVICES

Facility	FBuynded	MOwainnetresnhainpcaend	Ownership

PPaurbkliincgRGoaadrawgaeyss

CDD	CDD	CDD

USttoilrimtieWs ater Management	CDD	CiDtyD	CiDtyD

LAamnednscitaiepsing/Lighting/Signage

CDD	CDD	CDD

ESTIMATED FACILITY COSTS
Category
PPaurbkliincgRGoaadrawgaeyss

Estimated Cost
$1 01 ,,744307,,797461

USttoilrimtieWs ater Management
LAamnednscitaipeisng/Lighting/Signage

$$  95,,374867,,039558

$

3,409,259

$  34,,21 6140,,485451

Connstiunlgtaenntcsy
Total

(043596,001 : 1"1:WATT/JNLEO : 01591296.DOCX; I} 

$
$ 4,809,673
$52,906,399

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ONE DAYTONA         COMMUNITY DEVELOPMENTDlSTRICT ElOil8lT6-Z0111NO II.AP

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STATEMENT OF ESTIMATED REGULATORY COSTS
One Daytona Community Development District

Introduction
Purpose
This statement of estimated regulatory costs ("SERC") supports the petition to form the One Daytona Community Development District ("District" or "COD"). The International Speedway Corporation, Event Equipment Leasing, LLC, Daytona Beach Properly Headquarters Building LLC, ISC Properties LLc· and Volusia Point Properties ("Applicants") are master planning a _±1 89-acre mixed-use community currently known as One  Daytona  ("Project")   immediately  to  the  north  of  and  across  W I nternational Speedway Boulevard from the Daytona International Speedway in Daytona Beach Florida ("City"). The proposed District comprises ,±1 89 acres of land.

The new District will provide community Infrastructure that will serve all, or a substantial portion of, the land in the proposed District. The District plans to provide localized infrastructure improvements and services ("District Infrastructure") to serve the land in the District and any offsite mitigation required by the Project's Development Order. The District may finance community Infrastructure by issuing bonds from time to time ("Bonds") secured by, among other things, proceeds of nonwad valorem special assessments (the "Assessments") levied on land within the District.
To support the development program the District would fund approximately
$52,906,399 of public Infrastructure by issuing approximately $70,260,000 in total debt funding. The District proposes to provide infrastructure and community services to the District as described more fully below.

1 .2	Scope of the Analysis
The limitations on the scope of this SERC are explicitly set out In Section 1 90.002(2) (d), F.S. (governing District formation or alteration) as follows:
"That the process of establishing such a  district pursuant to  uniform g eneral law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)."

As noted above, the proposed District provides infrastructure, services, and facilities along with their operations and maintenance, to the ±189 acres p lanned for the development. The land contained in the District is currently planned for the land uses shown in Table 1 below. These are preliminary plans and are subject to change.
Table 1. One Daytona Community Development District Planned Land Uses

Type of Use Office
Retail
R&D and Warehouse Two Hotels Residential

Source: Developer

Amount
550,000 SF
1 ,485,000 SF
500,000 SF
660 Rooms
1 ,350 Units

1 .3	Requirements for Statement of Estimated Regulatory Costs
Section 1 20.541 (2), F.S. (2002), defines the elements a statement of estimated regulatory costs must contain:

"(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule.
A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues.
A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment req uired to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting.

2

An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the Impact on small counties and small cities as defined by Section 120.52, F.S. The City is not defined as a small city for purposes of this requirement.
Any additional information that the agency determines may be useful.
In the statement or revised statement, whichever applies, a description of any good faith written p roposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule."

2.0 A good faith estimate of the number of individuals and ·entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance
As noted above, the proposed District will provide infrastructure and community services to the ,±189 acres of land planned for the project consisting of various sized commercial entities and residential units. All of the ultimate property owners in the District will be required to comply with District rules and their properties will be encumbered with District obligations to pay for infrastructure and operations and maintenance expenses incurred by the District. Of course prior to the sell out of the real estate, all of the undeveloped land owned by the Developer and any other landowner within the District boundaries will also be under the jurisdiction ofthe District.

Good faith estimate of the cost to state and local government entities, of Implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues
Costs to Governmental Agencies of Implementing and Enforcing Ordinance
State Governmental Entities
The cost to State entities to review or enforce the proposed ordinance will be very modest. The District comprises less than 1 ,000 acres. Therefore, the City will review and act upon the petition to establish the District.

3

There are minimal additional ongoing costs to various State entities to implement and enforce the proposed ordinance. The District is a special purpose unit of local government, and it is required to file various reports to the State of Florida, the Department of Economic Opportunity and other agencies of the State. The filing requirements are outlined in Appendix A. However, the additional costs to the State and its various departments to process the additional filings from the District are very low, since the State routinely processes filings from over 1 00 similar districts. Finally, the filing fees paid by the District are designed to offset any additional costs to the State.
City of Daytona Beach
This petition to establish the District will require the City to review the petition and its supporting exhibits. In addition, the City will hold public hearings to discuss the petition and to take public input. These activities will absorb staff time and time of the City Commission.
However, these costs are very modest at most for the following reasons. First, the review of this petition to form the District does not include an analysis of the Development itself. In fact, such a review of the Project is prohibited by statute. Second, the petition contains all of the information necessary for its review. Third, the City already has all of the staff necessary to review the petition. Fourth, no capital costs are involved in the review. Fifth, the City routinely processes similar petitions for land use and zoning changes that are far more complicated than this petition to form the District. Finally, a filing fee determined between the Petitioner and the City will be designed to offset these costs.
The City will incur only a small additional annual cost if this petition is approved. The proposed District is an independent unit of local government, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. The District will provide the City with its budget each year, but no City action is required.
Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected.

4

In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other unit of local government except the District. By State law, debts of the District are strictly its own responsibility.

4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance
The District plans to provide various community facilities and services to the property in the District, as outlined in Table 2 below. The District plans to fund, own, operate and maintain the public roadways, the parking garages, the stormwater management system the landscaplng/llghtlng/signage and the amenities. The District will fund and construct the utilities and will then dedicate them to the City for ownership and operations & maintenance as shown in Table 2 below.

Table 2. Proposed Facilities and Services

Facility
Public Roadways Parking Garages Utilities
Storm Water Management Landscaping/ Llghting/Signage Amenities

Funded By COD
COD COD CDD
CCODDD
Source: Developer

O&M Bv
COD
CCDityD COD CC DO DD

Ownership
CDD
CCiOtyD
COD COD
COD

The petitioner has estimated the costs for providing the capital facilities as outlined in Table 2, and these are shown in Table 3 on the next page. Total costs for these facilities are estimated to  be approximately
$52,906,399. To fund this construction program the District may issue special  assessment  or  other  revenue  bonds  estimated  to  total
$70,260,000. These would be repaid through non-ad valorem assessments levied on all properties in the D istrict that may benefit from the District's proposed facilities and services as outlined in Table 2 and any other available revenue source.

5

Table 3. Summary of Estimated Capital Costs for Proposed One Daytona Commun ity Development District

Category	Amount	
Public Roadways	$11,747,941	
Parking Garages	$10,430,776	
Utilities	$9,787,095	
Storm Water Management	$5,346,358	
Landscaping/Llghting/Signage	$3,160,841	
Amenities	$4,214,455	
Consultants	$3,409,259	
Contingency	$4,809,673	
Total	$52,906,399	
Source: Developer
Prospective future landowners in the District may be required to pay non­ ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services.
It is important to note that the various costs outlined in Table 3 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners' association common to most master planned developments.
Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition.
Furthermore, locating in the District by new landowners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides.

6

The District is an alternative means to finance necessary community services. D,fstrict financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City provision (directly or via a dependent special district), or through developer bank loans.

5.0		An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact
on small counties and small cities as defined by Section 120.52, F.S.
There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work.
The development is located in the City of Daytona Beach. As of the latest Census date, the 2000 Census, the City has a population of 62,035. Therefore, the proposed District is not located in a City defined as a "small" (1 0,000) according to Section 1 20.52, F.S.
Any additional useful information.
The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer.

Finally, it is useful to reflect upon the question of whether the proposed formation of the District is the best alternative to provide community facilities and services to the Development. As an alternative to the District, the City could approve a dependent special d istrict for the area, such as a Municipal Service Benefit Unit ("MSBU") or a special taxing district under Chapter 1 70, F.S. Either of these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the  p roposed District.
However, each of these alternatives is inferior to the District. Unlike the District, the alternatives would require the City to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District.

7

A District also is preferable from a government accountability perspective. With a District as proposed, landowners and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to landowner needs without disrupting other City responsibilities.
Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association ("POA'') for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA, a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District ls a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations.

(Rest of Page Left I ntentionally Blank)

8

Fishkind & Associates certifies that this SERC meets the requirements for a SERC as set out in Chapter 1 20.541 , F.S.

We have developed over 60 SERCs. Below is a listing of some of these SERCs.
Urban Orlando Community Development District
Marshall Creek Community Development District
Cedar Hammock Community Development District
Mediterra Community Development District
Brooks Community Development District
Pelican Marsh Community Development District
Pelican Landing Community Development District
Fiddler's Creek Community Development District 1
Monterra Community Development District
Quarry Community Development District
Capital Region Community Development District
Deerfield Preserve Community Development District
Cypress Shadows Community Development District
City Gate Community Development District
o	Lakewood Ranch Stewardship D istrict
Palace at Coral Gables Community Development District
Babcock Ranch Community Development District

9

APPENDIX A
LIST OF REPORTING REQUIREMENTS

REPORT	CITE	DATE	
Annual Financial Audit	11 .45	12 months after end of fiscal year	
Annual Financial Report (AFR)	21 8.32	by March 31 	
TRIM Compliance Report	200.068	1 30 days after	
Form 1 - Limited Financial Disclosure	112.3144	by July 1	
Public Depositor	21 5	by November 15 	
Proposed Budget	21 8.34	by September 1	
Public Facilities Report	189.415 	March 1	
Public Meetings Schedule	1 89.41 7	beginning of fiscal year	
Bond Report	218.38	When issued	
Registered Agent	189.417 	30 Days after	

FLORIDA STATUTE

10

EXHIBIT 9 AUTHORIZATION OF AGENT

revoked in writing.

DelawaIr,e BlirmiaintedKl.iaWbiillistoync,oamspPanreys,idoennbt eohfalDfaoyfttohneacBoemapcahnyPraonpderitny itHs ocladpinagcistyRaestaMil,anLaLgCer.,oaf DBraeytttonMa. BSecahcahrbParcokpetrotyaHctoladsinaggse, nLtLfCo,r aDDaeyltaownaareBeliamchitePdrloipaebriltyityHcolmdipnagnsy,Rheetraeilb,yLdLeCsigwnaithe rDeegvaredlotpomaennyt aDnidstrailcltmpautrtseurasnptetrotaFinlian. gSttaot.th§e19P0e.titTiohnistoauetshtoabrilzisahtiothnesOhanlel rDemayationnainCeofmfemctuunnittyil

Da ADYelTawOaNreAliBmEitAedClHiabPiRliOtyPcEoRmTpYanHyOLDINGS RETAIL,  LLC
By:	Da DAeYlaTwOaNreAliBmEitAedCHliaPbRiliOtyPcEoRmTpYanHy,OiLtsDMINanGaSge, rLLC, By:		�c_f_,..;1/�
NTiatmle:e: PBrreiasnidKen.tWilson
Date: t:)'l,.,U..,,y   y   �J.Q..\ i  \q	0.0.	\ �
SCTOAUTNETOYFOFFLVOORLIDUASIA

""	The foregoing  instrument was acknowledged before  me this	l9' ·	day of

··tQL

Commissio N

Dayof  tona Beach Prope1ty Holdings Retail, LLC, and on behalf of and in his capacity of Manager

U<.:ON)\\()0/\)2013, by Brian K Wilson, on behalf of and in h	capacity as President of Daytona Beach Propertays-Hidoe.lodtiinfigcsa,tiLonL.C.   He is personally known to me 01:-bas:::proclueed

[SEAL]

..	JA!lfEE050523031S54JJONDE

\�11} Con\missio11 ti
O 110W ATI.A.\'T JCno1mixc co., INC.

(043596,001 : MWATT/JNLEO : 0I SS9907.DOCX; I} 

PSriginntaNtuarne e:	· l.{ Lt,it V\ �	S.vv'\___ Commission Expires:	01 ·· oS-7-0 1 S'

ADDENDUM NO. 1
Fla. Stat. § 190,011 General Powers.
The district shall have, and the board may exercise, the following powers:
use(1o)f aTfao csusiemainledtbherseuoef;dtionatchqeuniraem, ebyofputhrcehdaisset,dcgti;ftt,odaedvoispet, aonrdouthse1wa isseea,laannddtaoudthisoproizsee tohfe, irnesatlruamndenptesrnsoenceaslsparroypoerrtcyo,novrenaineyntetsotattheetehxeerercinis;eaonfdittsopmowakeersa. nd execute contracts and other

pay employer contributions into the state retirement fund.

bidding or competitive negotiation requirements as set forth in s. 190.033.

ma(n2n)erTaos iafpspulcyhfoemr pcolovyeereasgewoefreitsstaetemepmlopyleoeyseeusn,dseurbtjhecet sttoatneecrestisraermyeancttisoynstbeymthien dthisetriscatmtoe    oth(e3r) apTporocporniatrntectsefrovrictehse osferavicperosfeosfsicoonnaslunltaatnutrse.toSupecrhfoc1om11trpalcatnsnisnhga,llebngeinsueberjeincgt,tloegpaulb, loicr

the gift, grant, loan, or agreement relating thereto.

pro(4pe)ttyTofrboomrrothwe mUonniteeydanStdataecsc,etphtegisfttast;et,oaaupnpilyt ofofl'laoncadlugseovgermanmtseonrt,looarnasnoyfmpeornsoeny oforrotahneyr adnisdtrdicistppousreposfessucahndmeonnteeyrsinotropraogprertmyefontrsarneyqudiirsetdricitnpcuornpnoesecstioinnatchceorerdwainthce; wanidthttohehoteldrm, ussoef,
pow(5e)rs,Tdoutaideso,pat nrdulfesunactniodnosrdoefrtshepuorfsfuicaenrts toof tthe dpirsotvriicsito; nthseocfocnhdaupctteor f1t2h0e bpruessincreisbsinogf the dosctudmcte; nthtseamndainretecnoradnsceofotfhreecdoisrtdls'ic; ta.nTdhtehebofoarrdmmoafycea1ltsioficaadtoepsteavdimdeinisitnrgattiavxe lriuelness awnidtharlleosptheecrt atolsaonaydoopfttrheesoplruotjieocntss wofhitchhemdiasytrbicet naencdesdseafriynefotrhtehaerceoantdoubcteoifncdliustdreicdt bthi1esrieniens.sT. he board may

development of regional impact or Florida Quality Development, or a combination of a

the landowners. Meetings pursuant to s, 189.417(3) of a district within the boundaries of

the(6d)istrTioctmisailnotcaaitnedanoroffwiictehiant tshuechbopulancdeaoriresploafceasdaesvietlmopamyednetsiogfnaretegiwonitahlinimapcaocutnotryainFwlohricdha Qualliitty DDeevveellooppmmeenntt,,wohricahcinomclubdineasttiohne doifstraicdt,evwehloicphmoeffnticeofmruesgtiobnearleaimsopnaacbtlyanadcceassFilbolreidtoa
development of regional impact and a Florida Quality Development, may be held at such office.
of(7a)ny(pau) blic Teaosehmoledn,tcso, ndterdoilc,aatniodnasctqoupiruebbliycduosnea, tpiolant,tepdurrcehsearsvea, toiorncsonfodermpunbaltiocnp,l1orprodsiesps,ooser adnedyicreastieornvsa,tioornrsesfoerrvtahtoiosnespfourrpaonsyesofauththeopl'uizrepdosbeys athutishoarcizt eadndbytothmisaakcet.use of such easements,

(043596·001 : MWATT/JNLEO : 01589909.DOCX; J)

(b	When real property in the district is owned by a governmental entity and subject

)
too aagcroonutnrdaclteawseithassduecshcrgiboevderinnmse. n1t9a0l .e0n0t3it(y14a)n, tdotcoo1c1eocnttrgalc'otuwndithrenthtefrocomunlatyndtoawx nceorlslepcutrosruafnort pcorollceecdtuiornesocfonsutacihnegdroinunsd. 1r9e7n.t36u3si2n.g the procedures authmized in s.  197.3631, other than the

(8	To lease as lessorjor lessee to or from any person, firm, corporation, association, or body,

)

this act.

opur bplriocpoerrtpyroivfaaten,yannaytuprreofoecrtsthoefuthsee otyfptehethdaitsttrhiectdtiostcriacrtryisoauutthanoyrizoefdthtoe punudrpeortsaekseaaunthdofraizceilditibeys

ind(e9b)teTdnoe;sbsorarsowhemreoinnaeftyeranpdroisvsiudeedb; otnodsl,evcyertsiufcichatetas,xwaanrdransptse,cinaolteass,seosrsmotehnetrs eavsidmenacye boef

authorized and to charge, collect, and enforce fees and otheruser charges.

receipt and collection in the manner prescribed by resolution not inconsistent with law.

wh(i1c0h) aTreo rnaeicses,sbayryusfoerrcthhaergceosndour cfeteosfauthtehodriiszterdicbt yacretisvoitluietsioannodfstherevbicoeasrda,nadmtoounentsfoorfcme othneeiyr the(1g1o)veTronienxgerbcoidseywofitthhien cthoeundtiystrifictth, eotrabkeinyognwditlhl eocdciustrriicnt awnituhnpinrcioorrpaoprpartoevdaalrbeya roerswoliuthtiopnriorf
ampupnriocvipalalbiytyr,etshoelurtigiohnt oafntdhpeogwoverernofinegmbinoednytodfotmheaimn,upnuicrispuaalinttytioftthe ptarkoivnigsiwonilsl oofcccuhrawptietrhsin73a faonrdt7h4e,uosveesraanndyppurroppoes1eisy owfitthendtihsetrsictattree,laetxincegpstomleulynitcoipwala, tceor,usnetwy,esrt,adteis,tarincdt rfeodaedrsa, lapnrdopweartteyr, mtheandargaeinmaegnet,osfptehceifilacnadlloyfinocnleupdienrgso, nwoitvheoruatnlidmthitraotiuognh, tthhe lpaonwdeorffoanroththeetra. king ofeasements for

authorized by this act.

con(1v2en) iTenot,coinocpiedreantetawl,itohr, p0r1·ocpoenrtrianctcwonitnhe,cotitohnerwgiothvearnnmy eonftatlheagpeonwcieerssa, sdmutaieys,beornepcmespsoasreys,
(13) To assess and impose upon lands in the district ad valorem taxes as provided by this act.
thi(s14a)ctTaond ctehrampitneer, 1o7r0d.erS, ulcehvys, piemcpiaolsea,ssceoslslmecetn, tasndmaenyf, oirncethsepedciisaclreatsisoenssmofenthtse pduirsstruiacnt,t btoe ccohlalpetcetred17a0n, d01·ecnhfoaprcteerd 1p7u3r.suant to the provisions  of ss.  197.3631, 197.3632,  and  197.3635,

with any of the powers,

To exercise all odfutthiees,poorwpeurrspnoesceessasuatrhyo, rciozendvebnyietnhtis, ianccti.dental, or proper in connection
To exercise such special powers as may be authorized by this act.

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Fla. Stat. § 190.012 Special powers; pubJic improvements and community facilities.
Tpehremdititsitnrgicat usthhaolrlithyavoef,aallnadp.pthliecabbolaergdomvearynmexenertcailsbeo, dsiuebsj,eacgtetnoctiehse, arengduslpateocriyaljudirsistrdiicctstiohnavainngd raeultahtionrgitytowpiuthblricesipmepcrtotvoemaneyntasraenadinccolmudmeudntihtyerfaeicni,liatineys aourthaollriozfedthbeyftohlilsowacitn:g special powers
e(lq)uip, oTpoeraftinea, nacned, mfuanindt,aipnlasny,stemtasb, lfiashci,liaticeqsu, airned, cboansisctriuncftraoshr ·urcetcuornesstrfoucrtt,heenfloalrlgoewionrg:extend, (sao)me orWanatyeor fmsuanchagfeamcielintiteasnwditchornotarodls foanrdtbhreidlgaensd.s within the district and to connect

effluent, residue, or other byproducts of such system or sewer system.

(cbo)mbinaWtiaotnertshueprepolyf,, saenwdert,oancdonwsta1sutecwt  anedr moapnearagteemceonntn, reecctilnamg aitniotenr,caenpdtinregusoer ooruatnleyt suenwdersaannydsstereweet,r amllaeiyn,shaingdhwpiapye,soarnodtwhearteprumblaicinps,laccoendouritws,aoyrs,paipnedlitnoesdiinsp, oasloenogf, anyd
(hco)ldingBbraidsgine,s eoxrccauvlavtieo1tns, tphuabtlmicahyigbhewnaeye,dterdacatc, rgorsasdaen, yfidllr,aoinr, cduit ahn, dcarnoaald,wfaloyosdwovaeyr, laecvreoess, athnrdoeumghb,aonrkomvertasn, yanpdutboliccoringshtrtu-ocft-wanayy,ahnidghawll aoyf, sgurcahdew, foirlkl,soar ncduti.mprovements
(d)	i1n.  wDhisitcrhictsurocahdsdiesqtruiaclt torooadr sexacreeedloincgattehde; arpopaldicsabalnedspimecpirfiocvaetmioennstos fttoheecxoisutnintyg

gpuovbelircnmroeandt,s

tthheat satraete,owonredtheby FoerdercaolnvGeyoevderntometnhte;

lsotcreael t gelingehrtasl;-pualrlpeoysse;

Dlainsdtrsiccatspimnga;y rheaqrudescstapthinegu;ndaenrdgrotuhned upnladceermgreonutnodfinugtiliotyf lienleecstbriyc thuetilloitcyal lrienteasil. ePluebcltircicSuertviliictye Cporomvmidiesrsiionn ancdomrdaayncfienawnictehththeereuqtuiliirteyd'scotanrtirfifbuotnionf.ile with  the
i2m. prBouvseems,entrtos,llaenyds,rehla·atnesditsisghnealgteer.s, ridesharing facilities and  services,  parking
(pee)rceiveIndveesntivgiraotinomneanntadl  rceomnteadmiaitnioatniocnoswtsithaisnsotchiaeteddistrwiictht  uthnedecrletahneupsuopfervacistiuoanl  or

property.

contamination.

dpierrescotnionwhoof ais caomlapnedtoewntnegrovwernithminentthael aduistthroicrtityanudnlweshsothcaeucsoevderoerdccoonstrtsibubteendeftiot atnhye m(f)aintenCaonnceseorvfaatnioynplaarnetaos,r amniimtigaal tsiopnecieasr,ean,d andy rewlailtdeldifeintehraebstitaint, reianlclourdpinegrsotnhael

[043596-001 ; MWATI/JNLEO : 01589909.DOCX; I} 

Any other project within or without the boundaries of a district when a local government issued a development order pui'suant to s. 380.06 or s. 380.061 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located.

Any other project, facility, or service required by a development approval, intel'local agreement, zoning condition, or permit issued by a governmental authority with jurisdiction in the district.

After the local general-purpose government within the jurisdiction of which a power specified in this subsection is to be exercised consents to the exercise of such power by the district, the district shall have the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:

Parks and facilities for indoor and outdoor recreational, cultural, and educational uses.

Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment.

School buildings and related strnctures and site improvements, which may be leased, sold, or donated to the school district, for use in the educational system when authorjzed by the distl'ict school board.

Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may n.ot exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries.

Control and elimination of mosquitoes and other atthropods of public health impo1tance.

(:f) Waste collection and disposal.
To adopt and enforce appropl'iate rules following the procedures of chapter 120, in connection with the provision of one or more services through its systems and facilities,

1 63

(a)To adopt rules necessary for the district to enforce ce1tain deed restrictions pe1taining to the use and operation of real property within the district and outside the dishfot pursuant to an interlocal agreement under chapter if within another district or, if not
within another district, with the consent of the county or municipality in which the deed restriction enforcement is proposed to occur. For the purpose of this subsection, the term

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m"deecehdanirsemstsr,ictainodns"enfmorecaenmsent

oresme edcioevsencaonnttsa,inecdonidnitiaonnys, aprpelsitcraicbtlieonds,eclacoramtipolniasncoef

cwohviecnhanctosveannadnrtse,stcroicntdioitnisontsh,atangdovrernstritchteionuss,e tahnedre oipsenraotiohnomoeforweanlerpsr'opasesrotyciatido,n foor ptoroapherotmy eoowwnneer'rs'aassssoocciaiatitoionnhwavhionsge rbeosapredctiisveunednefrormcemebnetr pconterrosl,utnhleesass,swociitahtiroenspaencdt

tahlleodriscter1itcatiangproeretiionnws roiftitnhge tdoeedfroerscterimcteinotnsbythtahte:

district. The district may adopt by rule

(ebx)ist:

r1e. mRedeileastethtaot laipmpiltyatoionnlsy, tporoehxitbemitiaolnsa,ppcoeamrpanlicaensceormuescehsaannidsmasr,e odreemnfoedrcbeymtehnet ednisfotrricctemtoenbtebygethnerdailsltyribctenisefapicpiarlopfroiratteh, easddisettreircmt'sinleadnbdyowthneerdsistaln'icdt'fos browarhdicohf

supervisors; or

2ag. enAcryepceormnsiits. tent with the requirements of a development order or regulatory The board may vote to adopt such mies only when all of the following conditions

impact and a Florida Quality Development.

l1o.caTtehdewdiitshtrinicta wdeavseilnopemxeisntet nthceatocnonthsiestseffoefcmtivueltidpaletedoevfetlhoipsmseunbtssecotfiorne,gioornaisl

memorandum of the agreement shall be recorded in the public records.

e2l.ecFtorsrepsuidrseunatinatltoditshtreicptrso, vthiseiomnasjorfisty. 1o9f0t.h0e06b.oard has been elected by qualified h3o. mFeowr nrerisd' eanstsioacl iadtiisotnri.cts,  less  than 25  percent of residential units  are in a p4r. oTvihdeddetchlearbaonatridnwanityh aapwplricitatbenleadgerceleamraetniotntshaotfscuocvhenrnanletss manadyrbesetraidctoipontesdh. aAs

a(cd)optioWn sittahtiinng60gednaeyrsalalftyewr hsuact hrurnlelsews tearkeeaedfofpectet,dthaenddwisthriecrtesahaclolpreycoofrdthae nroutliecsemoafyruble aonbdtafinineeds. iDnicsitrrcicutist cmoauyrtitmhproousgehfiinnjeusnfoctrivveiroellaiteifo.ns of such rules and enforce such rules
(add)visorTthoethoewndeisrtsriocft pbrooapredrtpyulroscuanetdto ptsairdaegrtahpehbo(eu)n. dTarhye osfolteheredsipstornicstibsihliatlileseloecftthane dagisatirnicst bporaorpderatdievsisloorcaatreedtoourtesviideewtheenf. odrisctermicet natnadctmioankseprroecpoomsemdebnydatthieondsisrtreilcattibnogartod tohfopsreoppreorptyosleodcaatcetdioonust.sBideefotrhee tdhiestdriicsttr, itchtebodaisrtdrimctabyoeanrdfosrhcealiltsrerquulestatghaeindsitstarnicytobwoanredr
(043596-001  : M\VAIT/JNLEO : 01589909.DOCX; I}	- 5 -

badovairsdoradtvoismorakmeuast rreecnodmermaenrdeactoiomnmoendtahteionprwopitohsiend 3e0nfodarycesmaftenetr arectcieoinvi.nTghae rdeiqstureicstt fdreocmisitohneodrisatcl'itciotnb.oard or is deemed to have no objection to the district board's proposed

landowners whose land is subject to enforcement by the district but whose land is not

d(eis)trict 1b.oaWrdhaednveivseorrasneaint tsehralollcableacgrreeaetmedenfot risoenneteerleedcteindtolapnudroswuannetr two hpoasreagprraoppher(tay), ias wbuit nionttwheithjuinristhdeicbtioounnodafrtihees ogfotvheernmdisetnritcatl. Tenhteitdyisetnrticedt bnogairndtoadtvhiesoirntsehralollcbale aeglerceteemdebnyt

year term. The first election for a district board advisor shall be within 90 days after the

within the boundaries of the district. The district board advisor shall be elected for a 2- effective date of the interlocal agreement between the district and the government entity.
landown2e. rTs.hTeheeledcitsitornictofshtahlel pduisbtlriischt nbotaircde aodfvthiseormseheatilnl gocacnudr ealet catiomneeotnincge aofweeleigkibfoler i2ntceornlosceaclutaigvreewemeeeknst.inTahenenwotsipcaepmeruosft ginecnleurdael ciinrscturulacttiioonnsinotnhehaorweaaollftlahnedpoawrtnieesrstomtahye mpaaryticniopat tbeeinlesthsethealnect1i4ondaaynsdohromwotroe tohbatnain28a dparyosxybefoforrme .thTehdealtaestofdathyeoeflepcutbiolinc.aTtiohne claonnddouwctntehres,mweheetninags. sTemhebclehdaiartmthaey mbeeeatninygp, esrhsaolnl oprrgeasennizteatbtyheelmeceteintignga. cIhfathirewchhoairshisalal alannddsoewcnoenrdomr optriooxnys.holder of a landowner, he or she may nominate candidates and make
owned 3b.y Ahitmthoer mheeretainngd, eloaccahteldanwdoitwhinnerthies ednisttirtilecdt ftoor ceaascthonpeervsonte tpoerbeacerleecotfedla. nAd loafntdhoewlnegeralmoawynveorsteoifnthpeerpsroonpoerrtybyfoprrowxhyicihn wthreitvinogte. Eisacchasptraonxdymmuussttcboenstaigninetdhebtyypoende
doerscprriipnttieodn noafmteheopfrothpeertiyn,diovridtuaaxl  pwahrcoelsiigdneendtiftihceatipornoxnyu;mtbheer; satrnedet thaeddnruesms,belregoafl

need not be notarized.  A fraction of  an acre  sharpll  be treated as  1  acre,  entitling the

and the number of acres of each property must be included. The signature on a proxy

authorized votes. Ifthe prnxy authol'izes more than one vote, e_ach property must be listed

provisions ofthis subsection.

platted lots shall be counted individually and rounpded up to the neal'est whole acre. The

landowner to one vote with respect thereto. For pu oses of determining voting interests, avcorteinaggeunoiftsphlaetltdedblyotaslamnadyownontebr eoraagglarnegdaotwednefor'rs purropxoys.es of determining the number of shall be4h. elIdf wa ivthaicnan6c0ydaoycscuarftseirnththeevadcisatnrcicyt uasdivnigsothr esenaott,icae,sppreocixayl,laandoawcrneeargeelveocttiinogn

{043596-001 : MWATI/JNLEO : 01589909.DOCX; I}	- 6 -

January 13, 2014

VIA EMAIL DELIVERY

Paul McKitrick, Deputy City Manager City of Daytona Beach
301 S. Ridgewood Avenue, Room 240 Daytona Beach, FL 32114

IJ�!i�IIAYTONA

Re:	One Daytona Community Development District Dear Mr. McKitrick:
Enclosed please find our petition to the City of Daytona Beach on behalf of Daytona Beach Property
Holdings Retail, LLC for the establishment of the One Daytona Community Development District.

Complicated, mixed-use developments require a long-term approach due to the significant up-front site work and Infrastructure necessary to support dense, walkable and smart growth development where residents, employees and visitors can live, work, play and stay. Roads, sidewalks, sewers, water lines, parks, plazas, stormwater management facilities and street lights are typically components of public infrastructure. One Daytona presents the challenge of transforming 189+/- acres,  decades-removed from General Electric and Lockheed Martin's space program operations as a large-block industrial park, into a thriving community that exemplifies the tenets of a life-long and connected community: smaller block sizes, wide sidewalks, public plazas and art, ample and accessible greenspace, bicycle and transit facilities, energy-efficient lighting and wayfinding signage.

As discussed, we believe the proposed  community development district represents the best approach for installing and financing the public infrastructure necessary to support the One Daytona mixed-use project.

If possible, we would like the petition to be considered at the City Commission meetings on January 22nd and February 5th, with the final meeting being the required public hearing. We look forward to working with you regarding the petition. Please do not hesitate to  contact  me  if  you  have  any questions.

Many thanks,

�
Brian Leary
Managing Director, Jacoby Development

cc:	Scott Bullock, International Speedway Corp.

EXHIBIT B TO THE ORDINANCE

DESCRIPTION: PARCEL1
A PORTION OF "AEROSPACE INDUSTRIAl PARK, SECTION ONE" AS RECORDED IN MAP BOOK 27, PAGES8, OFTHE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND "GENERAL ELECTRIC INDUSTRIAL PARK, SECTION ONE, PARCEl 7 REPIAl" AS RECORDED IN MAP BOOK 36, PAGE 1:18, OF THE PUBLIC RECORDS OF VOLUSIA COUNlY, FLORIDA AND All OF GENERAl ELECTRIC COMPANY PRODUCTION FACILITY BlDG, NO. 6 AS RECORDED IN MAP DOOK 39, PAGE 118, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND A PORTION OF LOTS 1 THROUGH 6, INCLUSIVE, BllTMORE HEIGHTS SUOOIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, ANO A PORTION CENTRAL lNDUSTRIAl PARK, UNRECORDED SUBDIVISION IN SECTION 1S, TOWNSHIP 15 SOUTH, RANGE32 EASE, All LYING WITHIN SECTION 14, SECTION 15 AND SECTION 23,TOWNSHIP 15 SOUTH, RANGE 32 EAST, CITY OF DAYTONA BEACH, VOLUSIA COUNTV, FLORIDA ANO BEING FURTHER DESCRIBEDAS fOLlOWS:
BEGINNING ATTHESOUTHWEST CORNER OF SAID lOTl, BILTMORE HEIGHTS SUDDIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OFTHE PUBLIC RECORDS OF VOLUSIA COUNTY, FlORIDA, THENCE ALONG THE WEST LINE OF LOTS 1 THROUGH 4, SAID BILTMORE HEIGHTS, N24'21'56"W, 1181.61 FEET TO THE SOUTH LINE OFTHAT PROPERTY DESCRIBED AS PARCEL 2 IN OFFICIAL RECORDS BOOK5368, PAGE 3394, SAID PUBLIC RECORDS; THENCE S67'37'28"W ALONG SAID SOUTH LINE', 666,29 FEET TO THE EASTERLY RIGHT OF WAY LINE OF FENTRESS BOULEVARD; THENCE N24"21'56"W ALONG SAID EASTERLY LINE, 100,00 FEET TO THE NORTH LINE OF SAID PARCEL 2; THENCE N67'37'28"E AlONG SAID NORTH llNE, 666,29 FEETTOTHEWESTLINEOF LOT4, SATO BILTMORE HEIGHTS; THENCE N24'21'56'WALONGTHEWESTLINE OF LOTS 4 THROUGH 6, SAID BllTMORE HEIGHTS, 614.83 FEET lO THE SOUTH LINE OF THAT PROPERTY DESCRIBED AS PARCEL 805 IN OFFICIAl RECORDS BOOK 4576, PAGE 3863, SAID PUBLIC RECORDS; THENCE N67'3B'09"E AlONG SAID SOUTH LINE AND ALONG THE SOUTH llNE OF PARCEL 5, 'AS DESCRIBED IN OFFICIAL RECORDS BOOK 4576, PAGE 3863, SAID PUBLIC RECORDS, 923.07 FEET TO THE EAST llNE OF THAT PROPEKIY DESCRIBED IN OFFICIAL RECORDS BOOK 4576, PAGE 3863, SAID PUBLIC RECORDS; THENCE S24'33'18"E ALONG SAID EAST LINE, 1169.09 FEETTO THE SOUTH llNEOFTHATPROPERlY DESCRIBED IN OFFICIAL RECORDS BOOK 3153, PAGE 85B, SAID PUBLIC RECORDS; THENCE N65'37'00"E ALONG SAIDSOUTH LINE, 359.61 FEET TO THE WESTERLY LINE OF Tl!AT PROPERTY DESCRIBED AS PARCEi. C IN OFFICIAL RECORDS BOOK 6430, PAGE 4715, SAID PUBLIC RECORDS, ANO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 26.00 FEET, A CENTRALANGLE OF 80'36'56" ANO A CHORD DEARING OF N23'53'36"E;THENCEALONG THE NORTHERLY BOUNDARY OF SAID PARCEL C, EASTERLY ALONG THE ARC Of SAID CURVE, 36,60 FEET; THENCE N64'12'59"E ALONG SAID NORTHERLY BOUNDARY, 155.85 FEET TO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 68,04 FEET, A CENTRAL ANGLE: Of 40"53'09" AND A CHORD BEARING OF S80'55'32"E;THENCE SOUTHeASTERlY ALONG SAID NORTHERLY BOUNDARY ANO ALONG THE ARC OF SAID CURVE, 118.SS FEET TO THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN OFACIAl RECORDS BOOK 3153, PAGE 858, SAID PUBLIC RECORDS; THENCE ALONG SAID SOUTH LINE N65'37'00''E, 197,64 FEET TO THE WEST LINE OF Tl!AT PROPERlY DESCRIBED AS PARCEL "O" IN OFFICIAL RECORDS BOOK 6430, PAGE 4715, SAID PUBLIC RECORDS; THENCE N24'27'52"W AlONG SAID WEST LINE, 530.80 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL "D" THE FOLLOWING ELEVEN COURSES; N65°58'42"E, 41,80 FEET; THENCE S68'11'03"E, 66,94 FEET; THENCE S53'02'50"E, 31,06 FEET; THENCE S78'46'17"E, 71.92 FEET; THENCE S67'55'46"E, 77.85 FEET; THENCE S79'34'19"E, 102,61
FEET; THENCE NSl'26'37"E, 74,25 FEET;THENCE S80'53'38"E, 110.85 FEET; THENCE S73'49'1S"E, 78.42 FEET; THENCE S84'33'53"E, 40,35 FEET:
THENCE N61'7.9'56"E, 48.48 FEETTO THE NORTHERLY EXTENSION OF THE EAST LINE OF GENERAL ELECTRIC COMPANY PROOUCYION FACILnv BLDG. NO, 6, AS RECORDED IN MAP BOOK 39, PAGE 118, SAID PUBLIC RECORDS; THENCE S24'24'22"E ALONG SAID NORTHERlY EXTENSION ANO ALONG SAID EAST llNE AND ALONG THE EAST LINE OF GENERAL ELECTRIC COMPANY INDUSTRIAL PARK SECTION ONE PARCEL 7 REPLAT, AS RECORDED IN MAP BOOK 36, PAGE 138,SAID PUBLIC RECORDS, 1278,41 FEET TOTHESOUTH LINE OFSAID nGENERAL ELECTRIC INDUSlRIAl PARK, SECTION ONE, PARCEL 7 REPLAT"; THENCE ALONG SAID SOUTH LINE, N65'37'00"E, 301.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET ANO CENTMl-ANGlE OF 90'00'00"; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE, 39.27 FEET TO THE INTERSECTION OF SAID sourn LINE OF "GENERAL ELECTRIC INDUSTRIAL PARK, SECTION ONE, PARCEL 7 REPlAl" AND THE WESTERLY RIGHT OF WAY LINE OF MASON AVENUE EXTENSION, A 100 FOOT RIGHT OF WAY AS NOW lAID OUT AND IN USE, SAID INTERSECTION POINT ALSO LYING ON THE EASTERlY LINE OF SAID "AEROSPACE INDUSTRIAL PARI(. SECTION ONE"; THENCE ALONG SAID EAST LINE OF "AEROSPACE INDUSTRIAL PARK, SECTION ONE" AND THE WESTERlY RIGHT OF WAY LINE OF MASON AVENUE EXTENSION, S24'23'00'E 908.60 FfET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 92, AlSO KNOWN AS INTl:RNATIONAl SPEEDWAY BOULEVARD, A 200.00 FOOT RIGHT OF WAY PER FLORIDA DEPAR™ENT OF TAANSPORTATION RIGHT OF WAY MAP, SECTION 79060-2514; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, S61'43'22"W, 1359.52 FEET; THENCE N24'22'S1"W, 28,02 FEET; THENCE S67'43'22'W, 211,18 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADTUS OF 2992.93 FEET AND CENTRAL ANGLE OF 00'58'49"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 51,21 FEET; THENC( N25'26'00"W, 76.96 FEET; THENCE S64'34'00"W, 140,00 FEET; THENCE S25'26'00"E, 74,93 FEETTO THE BEGINNING OF A NON TANGENT CURVE, CONCAVESOUTHERLY, HAVING A RADIUS OF 2992.93 FEETANDA CENTRALANGlE OF00'40'54", WITH A CHORD BEAiiiNGS6:!'42'52"W; THENCE WESTERLY AlONGTHEARC OF SAID CURVE, 35.61 FEETTOTHE EASTERLY RIGHT OF WAY LINE OF WEST ROAD, AN 80 FOOT RIGHT OF WAY PER SAID PLAT OF "AEROSPACE INDUSTRIALPARK, SECTION ONE"; THENCE LEAVING THE NORTHERLY RIGHTOf WAY LINE OFSAlO U.S. HIGHWAY 92, AND PROCEEDING ALONG SAID EASTERLY RIGHT OF WAY LINE OF WEST ROAD, N4S'12'44'W, 555.32 FEET; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE OF WF.ST ROAD, S65"37'00'W, 85,59 FEET TO THE WESTERLY RIGHT OF WAY LINEOF SAID WEST ROAD, SAID WESTERLY RIGHT OF WAY LINE ALSO BEING THE WESTUNE OFSAID PLATOF "AEROSPACE INDUSTRIAL PARK, SECTION ONE"; THENCE ALONG SAID WESTllNE, N45'12'44"W, 760.00 FEETTO THE SOUTH LINE OF SAID LOT 1, BILTMORE HEIGHTS; THENCE ALONG SAID SOUTH UNE, S58'38'09"W, 289,30 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH; PARCEL2
A PORTION OF LOTS 6 THROUGH 12, INCLUSIVE, BILTMORE HEIGHTS SUBDIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OFTHE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, All LYING WITHIN SECTION 14, TOWNSHIP 15 SOUTH, RANGE 32 EAST, CllY OF DAYTONA BEACH, VOLUSIA COUNTY, FLORIDA AND BEING FURTHER DESCRIBED /IS FOLLOWS:

COMMENCE ATTHE SOUTHWEST CORNER OF LOT 1, SAID BILTMORE HEIGHTS SUBDIVISION, PS RECORDED IN MAP BOOK 19, PAGE 149, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, THENCE ALONG THE WEST LINE OF SAID LOTS 1 THROUGH 6, N24'21'56'W, 1946.47 FEET TO THE NORTHWEST CORNER OF THAT PROPF.RlY DESCRIBED /IS PARCEL 80S IN OFFICIAL RECORDS BOOK4S76, PAGE 3863, SAIO PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE N24°21'56'W ALONG THE WEST LINE OF LOTS 6 THROUGH 9, SAID BILTMORE HEIGHrs, 1162.58 FEET TO THE NORTHWEST CORNER OF SAID LOT 9; THENCE N23'12'56"W ALONG THE WEST LINE OF WlS 10 THROUGH 12, SAID BILTMORE HEIGHTS, 990,79 FEET TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N67'41'28"E ALONGTHE NORTH UNE OF SAID LOT12, A DISTANCE OF 142.98 FEET TO THE WESTERLY RIGHT Of WAY UNE OF DUNN AVENUE AND THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTTIWESTERLY HAVTNG A RADIUS Of 700.00 FEET, A CENTRAL ANGLE OF 69"19'11 AND A CHORD BEARING OF S57'03'45"E; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE, 846.90 FEET; THENCE ALONG SAID WESTERLY RIGIIT OF WAY LINE S22'24'10"E, 771.66 FEETTO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 800,00 FEET ANO A CENTRAL ANGLE OF 47'33'49"; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHTOF WAY LINE ANDALONG THE ARC OF SAID CURVE, 664.11 FEET TO THE NORTH LINE OF THAT PROPERTY DESCRIBEDAS PARCELS IN OFFICIAL RECORDS llOOK 4576, PAGE 3863, SAID PUBLIC RECORDS; THENCE S67'38'15"W ALONG SAID NORTH LINE, 251,22 FEET TO THE WEST LINE OF SAID PA'RCEL 5; THENCE S22"21'45"£ ALONG SAID WEST LINE, 135,91 FEET TO THE NORTH LINE OF SAID PARCEL 805; TilENCE S67'38'09"W ALONG SAID NORTH LINE, 550.75 FEET TO THE POINT OF BEGINNING.
TOGETHERWITH; PARCEL3
A PORTION OF LOTS 6 THROUGH 12, INCLUSIVE, BILTMORE HEIGHTS SUBDIVISION, AS RECORDED IN MAP BOOK19, PAGE 149, OF THE PUllllC RECORDS OF VOLUSIA COUNlY, FLORIDA, All LYING WITHIN SECTION 14, TOWNSHIP 15 SOUTH, RANGE 32 EAST, CITY OF DAYrONA BEACH, VOLUSIA COUNTY, FLORIDA/IND BEING FURTHER DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHWEST CORNER OF LOT 1, SAID BILTMORE HEIGHTS SUBDIVISION, AS RECORDED IN MAP BOOK 19, PAGE 149, OF THE PUBLIC RECORDS or- VOLUSIA COUNTY, FLORIDA, THENCE ALONG THE WESl' LINE OF wrs 1 THROUGH 9, SAID BILTMORE HEIGHTS, N24.21'56"W,  3109,05 FEETTOTHE NORTHWESTCORNER OF SAID  LOT9;THl:NCE N23'12'56"WALONG THEWESTLINE OF  LOlS  10 THROUGH
12, SAID BILTMORE HEIGHTS, 990,79 FEET TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N67°41'2ll"E ALONG THE NORTH LINE OF SAID LOT 1?� A DISTANCE OF 355,74 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE E/ISTERLY RIGHT OF WAY LINE OF DUNN AVENUE; THENCE N67'41'28"E ALONG THE NORTH LINE OF SAID lOT 12, A DISTANCE OF 750.29 FEET TO THE WEST LINE OF SECURllY FIRST BUSINESS PARK PHASE ONE, AS RECORDED IN MAP BOOK 39, PAGI: 119, SAID PUBLIC RECORDS; THENCE S22'20'58"E ALONG SAID WEST llNE, 989.89 FEET TO iliE NORTH llNE OF SAID LOT 9; THENCE N67'39'02"E ALONG SAID NORTH LINE, 689.63 FEETTO THE EAST LINE OF THAT PROPERlY DESCRIBED IN OFFICIAL RECORDS 8001< 4576, PAGE 3863, SAID PUBLIC RECORDS; THENCE S24'21'49"E ALONG SAID EAST LINE, 1135.09 FEET TO THE NORTHERLYRIGHTOF WAY LINE OF DUNN AVENUE; THENCES67'35'35"W ALONG SAIO NORTHERLY RIGHTOF WAYLINE,
437,75 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 700.00 FEET AND A CENTRAL ANGLE OF
90"00'15"; THENCE NORTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OFSAID DUNN AVENUE, 1099,61 FEET; THENCE N22"24'10"W ALONG SAID EASTERLY RIGHr OF WAY LINE, 771.66 FEETTO THE PEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 800,00 FEET AND A CENTRAL ANGLE OF 54°54'12"; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE ANO THE ARC OF SAID CURVE, 766.60 FEETTOTHE POINT OF BEGINNING,
CONTAINING 188.89 ACRES, MORE OR LESS.

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