IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT

IN AND FOR VOLUSIA COUNTY, FLORIDA

SHAMROCK-SHAMROCK, INC.,
a Florida for profit corporation,

CASE NO.: 2015-30101-CICI

DIVISION.: 31

Plaintiff,
vs.
TRACEY REMARK, an individual, and
THE CITY OF DAYTONA BEACH, by
and through its City Commission, a Florida
municipality,
Defendants.
________________________________/
PLAINTIFFS FIRST AMENDED COMPLAINT
COMES NOW Plaintiff, Shamrock-Shamrock, Inc. (hereinafter referred to as
"Shamrock"), by and through undersigned counsel, and sues Defendants, Tracey Remark,
and the City of Daytona Beach, a political subdivision of the State of Florida and alleges
the following:
1. This is an action for damages in excess of $15,000.00 exclusive of interest, costs,
and attorneys fees.
2. Venue is proper in that Defendant, Tracey Remark (Remark) has her principal
place of residence in Volusia County, Florida, and the City of Daytona Beach is a
municipality within Volusia County, Florida.
3. Plaintiff, Shamrock, is a Florida corporation.
4. Defendant, Remark, is an individual residing in Volusia County, Florida.
5. Defendant, City of Daytona Beach, is a municipality within Volusia County,
Florida.
6. Remark was a public servant for the City of Daytona Beach, serving on the City

of Daytona Beachs Planning Board.

7. The City of Daytona Beach is now, and at all material times was, a municipal
corporation organized and existing under the laws of the State of Florida, and located in
Volusia County.
8. All conditions precedent to this action have occurred, have been performed, or
have been waived.
9. By or before December 2011, Remark received a notice of deposition in the case
styled Shamrock-Shamrock, Inc. v. The City of Daytona Beach, et.al., Case No.: 200934377-CICI, Div. 31 (Underlying Case). That notice, which instructed Remark to
preserve her electronic records, is attached as Exhibit A to this Complaint.
10. The Underlying Case involves the Citys refusal to allow Shamrock to develop
vacant commercially-zoned property located at 613/615 N. Halifax Avenue, Daytona
Beach, Florida, more particularly described as: the south 35 ft of Lot 4 & north 88 ft of Lot
5 & riparian rights, Blk 3 East Daytona, per OR Book 4495, Pgs 1070-71, per OR Book
5621, Pages 3276-79 (the Subject Property). Additionally, the City allowed owners of
surrounding property to the Subject Property to develop their land. The owners of the
surrounding property and Shamrock, as owner of the Subject Property, have diametrically
opposed interests due to the nature of the development they are both proposing.
11. In the Video Deposition of Tracey Remark, Remark admits she received Exhibit
A by or before December of 2011. See Attached Exhibit B, page 35, lines 19-22 from
the Video Deposition of Tracey Remark taken April 20, 2012.
12. In the Video Deposition of Tracey Remark, Remark admits under oath, that she:

a. Possessed a 1998 Dell laptop computer (Dell), which she used from 20082011, and failed to preserve any emails, documents or records from the Dell,
and did not notify anyone that she destroyed the hard drive in the Dell. See
Attached Exhibit C, page 34, lines 22-25, page 35 lines 1-18 from the Video
Deposition of Tracey Remark taken April 20, 2012.
b. Sent emails as kellyremark@yahoo.com (hereinafter, Kellys email)
relating to City business. See Attached Exhibit D, page 30, lines 2-10 from
the Video Deposition of Tracey Remark taken April 20, 2012.
c. Caused another to destroy the hard drive in the Dell after receiving Exhibit
A. See Attached Exhibit E, page 41, lines 2-9 from the Video Deposition
of Tracey Remark taken April 20, 2012.
13. Upon information and belief, Remark used the Dell to send emails from Kellys
email to various people involved in the appraisal, development, and use of the Subject
Property and surrounding areas, including a submerged parcel adjacent to the Subject
Property (Submerged Parcel).
14. Remark used Kellys email to conduct public business, such as contacting Todd
Moynihan (Moynihan) with the Florida Department of Transportation (FDOT) asking
for a copy of an appraisal of the Submerged Parcel (Appraisal). See attached Exhibit F.
15. On November 15, 2011, Remark, again using Kellys email for a correspondence
with Moynihan, states her agenda to keep the Submerged Parcel out of public control. See
attached Exhibit G.
16. Remark was involved in private plans regarding the Submerged Parcel, the Subject

Property, and surrounding areas to such an extent that she was aware that the developer of
one of the surrounding areas to the Subject Property was able to refinance his property.
See attached Exhibit H.
COUNT I- SPOLIATION OF EVIDENCE
17. Plaintiff realleges and incorporates by reference paragraphs 1 through 16 of this
Complaint.
18. By virtue of being served with the Notice of Taking Deposition, Remark was on
notice that a civil action was currently pending.
19. As an employee of the City of Daytona Beach, Remark had a legal duty to
preserve the evidence present on the hard drive in the Dell. Furthermore, Remark was
under a legal duty to preserve the evidence by virtue of the discovery request.
20. As a litigant, the City of Daytona Beach was aware they had a duty to preserve the
evidence present on the hard drive in the Dell as part of the Underlying Case.
21. Remark was acting in her capacity as an employee of the City of Daytona Beach
when she destroyed the hard drive in the Dell.
22. After receiving the Notice of Video Deposition attached as Exhibit A, Defendants
had a legal duty to preserve the evidence present on the hard drive in the Dell.
23. Remark admitted she destroyed the hard drive in the Dell during her Video
Deposition.
24. Remark destroyed the hard drive in the Dell in bad faith.
25. The destruction of the hard drive in the Dell causes Plaintiff a significant

impairment in its ability to prove the Underlying Case. Plaintiff expected to find additional
documents or other information on the hard drive in the Dell similar in character to the
emails attached as Exhibits to this Complaint.
26. Because of Defendants destruction of the hard drive in the Dell, Plaintiffs ability
to prove the allegations in the Underlying Case has suffered a great deal of harm.
27. Plaintiff has suffered damages due to the destruction of the hard drive in the Dell.
These damages include, but are not limited to a significant impairment to proving
Plaintiffs allegations in the Underlying Case; attorneys fees resulting from extensive
discovery work seeking to unearth the type of information believed to be on the hard drive
in the Dell conducted in the Underlying Case and costs incurred in the discovery process
together with the damages resulting to the Plaintiff as alleged in the Underlying Case.
28. In light of the aforementioned damages, Plaintiffs seek sanctions and any other
relief this Court may deem just and proper.
WHEREFORE, Plaintiff seeks a Judgment against Defendants for all damages,
attorneys fees and costs together with any other relief this court deems just and proper. A
jury trial is hereby demanded.

__/s/ Jane West___________________

JANE WEST
FBN 0159417
jane@janewestlaw.com
Jane West Law, P.L
201 Owens Avenue, Suite A
St. Augustine Florida 32080
(904)471-0505
Counsel for SHAMROCK-SHAMROCK, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via

Floridas e-Filing Portal in accordance with Rule 2.516, Florida Rules of Judicial
Administration to all parties of record this 28th day of May, 2015.

__/s/ Jane West___________________

JANE WEST
FBN 0159417
jane@janewestlaw.com
Jane West Law, P.L
201 Owens Avenue, Suite A
St. Augustine Florida 32080
(904)471-0505
Counsel for SHAMROCK-SHAMROCK, Inc.

EXHIBIT A

IN THE COUNTY COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR

VOLUSIA COUNTY, FLORIDA
CASE NO.: 2009-34377-CICI
DIVISION: 31 (Graham)
SHAMROCK-SHAMROCK, INC.,
Plaintiff,
vs.
THE CITY OF DAYTONA BEACH and THE
PLANNING BOARD OF THE CITY OF
DAYTONA BEACH;
Defendants.

I'.::>
c:::2

NOTICE OF TAKING DEPOSITION

To:

Mr. Robert Forest Jagger

Deputy City Attorney
301 S Ridgewood Ave
Daytona Beach, FL 32114-4933

na _..
:JC
,..< ,.-

-n

~~ ~ -r
rn

TraceyRemark
.
815 Oleander Ave. ~~?a:?
Daytona Beach, FL 32~,t]
>~
C?C

;(==i

.:-

PLEASE TAKE NOTICE that at the time and place set forth below, the'1\nderstfnect
will take the deposition of the following party:
PARTY:

Tracey Remark

DATE:

Thursday, June 9, 2011

TIME:

1:30 p.m.

PLACE:

Office of the Daytona Beach Deputy City Attorney

301 S Ridgewood Ave
Daytona Beach, FL 32114-4933

before Volusia Reporting Company, or before some other officer authorized by law to administer
oaths, by oral examination for the purpose of discovery, for use at trial, or for such other
purposes as are permitted under the applicable statutes, rnles of civil procedure or rules of court.

The oral examination will continue from day to day until completed. You are invited to attend
and cross-examine the witness.

I HEREBY CERTIFY that a copy of the foregoing has been furnished to the above
named addressees by U.S. Mail on May _2__, 2011.

DEAN MEAD

KIMBER Y BONDER REZANKA

Fla. Bar o. 0930342
8240 Devereux Drive, Suite I 00
Viera, FL 32940
(321) 259-8900
ATTORNEY FOR PETITIONER

cc:

Volusia Reporting Company

-2-

EXHIBIT B

33
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

35

addressing planning board matters?

A Kelly Remark.

A December.

Q December of?

Q Is there a reason you don't have you own

email?
A I don't email generally. It's not how I
communicate best.

A 2011.

Q December of 2011?

A Um-hum.

Q Did you preserve any records or documents

Q Have you ever tried to set one up and -A No.

7
8

A No.

Q -- decided not to continue using it?

A No.

Q Did you preserve any emails?

10

Q Do you ever have anybody sent emails on

your behalf?
A No.

11

Q How many computers do you own in your

home?
A A lap -- no. What is it? Acer -- a desktop.
We just -- we just got a new computer. I had to --

14

Q What type of computer is it?

A Acer. And -Q And prior to that computer, what did you
have?
A A 1998 Dell.

that might have been on that computer?

A No.
Q Did you discuss with the city attorney

12

that you were throwing out your computer in December

13

of 2011 while this case was pending?

15

A No.
Q Did you inform anybody at the City that

16

you were throwing out a computer while this case was

17

pending?

18

A No.

19

Q By December of 2011 had you already

20

received any notices of taking deposition in this

21

case?

22

A Yes.
Q Did you review your computer to see if you

24

Q I'm sure it went very quickly, right?

A I don't do computers.

23
24

had any documents responsive to those notices of

25

Q Is the new computer a laptop?

25

taking deposition or subpoenas in this case?

22
23

34

36

A No. It's a desktop.

Q Do you own a laptop?

A No.

Q Do you own an iPad?

A I don't own an iPad, a cell phone, no

technology.

A Did I review it? I didn't need to.

Q Why?
A Because I don't keep documents on my computer
other than -Q What did you keep on your computer?

A I would keep, oh, personal files like my book

Q You don't own a cell phone?

list or my movie list. I keep my husband's resume when

A No, never. No.

he used to work. We still had that on there. I would

Q And does your husband own a cell phone?

keep my old resume. What else would I have on there?

9
10

A No.

10

I had some talks I had given on Christian retreat

11

Q Must be liberating.

11

weekends, but I had paper copies of those. Again, I'm

12

A Yes, it is.

12

generally not a computer person so --

Q Okay. Do you have access to any City of

13

13
14

Daytona Beach computers to conduct your work on the

14

15

planning board?

16
17

Q So when you send emails on the

kellyremark@yahoo.dot -- let me finish my question.

15

A Okay.

A No.

16

Q On the -- when you -- let me start over.

Q When the agenda packages are delivered,

17

When you send emails on the

18

kellyremark@yahoo.com email address, did you use the

19

A At my home in the mail or hand-delivered.

19

1998 Dell computer in your home to send those emails?

20

Q How far away from city hall do you live?

20

A I never used the Dell computer for emails.

21

A About seven minutes.

21

Q What did you use to send emails?

Q Okay. What happened to your 1998 Dell

18

how do you receive your package?

22

A I would use --

23

when you got rid of it?

23

Q How did you send an email?

24

A I threw it out.

24

A I would use my work computer.

25

Q And when did that happen?

25

Q Okay. When you say your work computer, at

22

9 (Pages 33 to 36)

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EXHIBIT C

33
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

35

addressing planning board matters?

A Kelly Remark.

A December.

Q December of?

Q Is there a reason you don't have you own

email?
A I don't email generally. It's not how I
communicate best.

A 2011.

Q December of 2011?

A Um-hum.

Q Did you preserve any records or documents

Q Have you ever tried to set one up and -A No.

7
8

A No.

Q -- decided not to continue using it?

A No.

Q Did you preserve any emails?

10

Q Do you ever have anybody sent emails on

your behalf?
A No.

11

Q How many computers do you own in your

home?
A A lap -- no. What is it? Acer -- a desktop.
We just -- we just got a new computer. I had to --

14

Q What type of computer is it?

A Acer. And -Q And prior to that computer, what did you
have?
A A 1998 Dell.

that might have been on that computer?

A No.
Q Did you discuss with the city attorney

12

that you were throwing out your computer in December

13

of 2011 while this case was pending?

15

A No.
Q Did you inform anybody at the City that

16

you were throwing out a computer while this case was

17

pending?

18

A No.

19

Q By December of 2011 had you already

20

received any notices of taking deposition in this

21

case?

22

A Yes.
Q Did you review your computer to see if you

24

Q I'm sure it went very quickly, right?

A I don't do computers.

23
24

had any documents responsive to those notices of

25

Q Is the new computer a laptop?

25

taking deposition or subpoenas in this case?

22
23

34

36

A No. It's a desktop.

Q Do you own a laptop?

A No.

Q Do you own an iPad?

A I don't own an iPad, a cell phone, no

technology.

A Did I review it? I didn't need to.

Q Why?
A Because I don't keep documents on my computer
other than -Q What did you keep on your computer?

A I would keep, oh, personal files like my book

Q You don't own a cell phone?

list or my movie list. I keep my husband's resume when

A No, never. No.

he used to work. We still had that on there. I would

Q And does your husband own a cell phone?

keep my old resume. What else would I have on there?

9
10

A No.

10

I had some talks I had given on Christian retreat

11

Q Must be liberating.

11

weekends, but I had paper copies of those. Again, I'm

12

A Yes, it is.

12

generally not a computer person so --

Q Okay. Do you have access to any City of

13

13
14

Daytona Beach computers to conduct your work on the

14

15

planning board?

16
17

Q So when you send emails on the

kellyremark@yahoo.dot -- let me finish my question.

15

A Okay.

A No.

16

Q On the -- when you -- let me start over.

Q When the agenda packages are delivered,

17

When you send emails on the

18

kellyremark@yahoo.com email address, did you use the

19

A At my home in the mail or hand-delivered.

19

1998 Dell computer in your home to send those emails?

20

Q How far away from city hall do you live?

20

A I never used the Dell computer for emails.

21

A About seven minutes.

21

Q What did you use to send emails?

Q Okay. What happened to your 1998 Dell

18

how do you receive your package?

22

A I would use --

23

when you got rid of it?

23

Q How did you send an email?

24

A I threw it out.

24

A I would use my work computer.

25

Q And when did that happen?

25

Q Okay. When you say your work computer, at

22

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EXHIBIT D

29

31

going off the record at 10:33 a.m. Please

Q Okay. So other than the private email

stand by.

with one sister you use regularly to the extent you

email at all, kellyremark@yahoo.com -A Correct.

3
4
5
6
7
8

(The witness provided her email address off

the record.)

THE VIDEOGRAPHER: We are back on the

video record at 10:34 a.m.

BY MS. KRIMSKY:

Q Okay. The record will reflect -- will

reflect that you provided me with a personal email

10

address that I will obviously not say on the record.

10

A Okay.

11

12

Q Could you just tell me who the ISP

12

13

provider is for that email address or whose --

13

14

A I have no idea what that question means.

14

15

Q Okay. Who registered the email address,

15

11

16

16

you or you sister?

17

A Her husband.

17

18

Q And what is her husband's name?

18

19

A Paul Grade, G-R-A-D-E.

19

20

Q And what is your sister's name?

20

21

A Katy.

21

22

Q K-A-T --

22

23

A Y, remark.

23

Q Does she go by her -- Remark and not

24

24
25

25

Grade?

Q -- would that be a correct statement of

your email usage?
A Yes.
Q Do you have any other emails that you use
to either receive emails or send emails -A No.
Q -- personally or with the City?
A No.
Q Do you have an email designation assigned
to you with the City?
A No.
Q No? Do you have a website?
A No.
Q Have you ever looked at the City's
website?
A Yes.
Q Have you ever looked at the planning and
zoning board page of the website?
A Their page -- no.
Q Have you ever directed anybody to
communicate with you by email?

30

32

A Correct.

A Anybody?

Q Okay. Okay. Other than your private

Q Anybody.

email, do you have another email that you use to

regularly --

A No. I -- I usually say I don't email. Call

me.

A I use my --

Q -- conduct your personal or city business?

email address to send or receive an email other than

A Okay. Well, I would not say I use any email

kellyremark@yahoo.com or the private email?

regularly because I rarely email, but the other email

that I will use is my other sister, Kelly Remark,

10
11
12

K-E-L-L-Y-R-E-M-A-R-K, at yahoo.com.
Q Okay. Do you have an email that is Tracey

A No.
Q Have you ever used the private email to

10

conduct any activities in relation to development in

11

the city of Daytona Beach?

12

Remark?

Q In the last five years, have you used any

A No.

13

A No.

13

14

Q Okay. And is Kelly Remark married?

14

15

A Divorced.

15

A No.

16

Q And what's her ex-husband's name?

16

Q -- and zoning board member.

17

A Terry Horowitz.

17

A No.

18

Q How long have they been divorced, do you

18

Q No?

19

A It's -- no.

A Oh, gosh. Let me see. Over 20 years.

20

Q Purely about kids or health or other

Q So he wouldn't have any access to that

21

19
20
21
22

know?

22

email?

23

A Oh, no. No.

23

24

Q That's the only reason I ask you.

24

25

A No.

25

Q Okay. And I'm not limiting it to your

work as a planning --

things, nothing related to land use?

A Nothing related to land use. It's purely
personal.
Q Now, as a member of the planning board,
which email address do you use when you're

8 (Pages 29 to 32)

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EXHIBIT E

41
1
2

43

A No.

Q Did you take any steps to ensure that your

Q Take moment to look at Exhibit A. I'm

going to ask you a few questions about it in a

private information was not known to the public when

minute.

you threw out that computer?

A Yes.

Q What steps did you take?

A Drilled it.

Q What does that mean?

A Took a drill and drilled into the hard drive.

THE VIDEOGRAPHER: Ma'am -(unintelligible).

MS. KRIMSKY: Sure.
BY MS. KRIMSKY:
Q Sorry. When I went to go check my file I
had to take off the microphone so it wouldn't fall

10

Q And you knew how to do that?

10

over or anything, and I asked you to take a moment

11

A No. My brother-in-law who worked with

11

to look at Exhibit A to -- what's been marked as

12

Exhibit 1, which is the subpoena for videotaped

13

deposition duces tecum of Tracey Remark. See that?

12
13
14
15
16
17
18

computers knew how to do that.

Q Okay. And what's your brother-in-law's

14

A Am I seeing it?

A Paul Grade, as I said before.

15

Q Yes.

Q Does he work with computers in Daytona

16

A That's what I'm, yes, reading right now.

name?

17

Beach?

18

A He lives in Zurich, Switzerland, and he no

Q Okay. Have you brought today documents

responsive to this subpoena duces tecum?

19

longer works with computer.

19

MR. WICKERSHAM: Just for the record, it's

20

Q Was he visiting?

20

my understanding Exhibit A has been altered and

21

A Yes, he was visiting.

21

amended --

22

Q Okay. And I believe you said you don't

22

MS. KRIMSKY: Yes.

23

MR. WICKERSHAM: -- per your letter, which

23

have a cell phone?

24

A No.

24

is not reflected on the exhibit which you've

25

Q Okay. Does you husband have a cell phone?

25

marked for identification.

42

44

A No.

Q Do you ever communicate via text message?

a copy of Ms. Rezanka's letter, and we'll --

MS. KRIMSKY: What I will do is I brought

A No.

MR. WICKERSHAM: Thank you.

Q I had to ask.

MS. KRIMSKY: -- mark that as Plaintiff's

A I wouldn't know how.

Q I'm sorry. Okay. And -- okay. Okay.

Let's look at what I've marked as Plaintiff's

Exhibit 1.

9
10
11
12

(Plaintiff's Exhibit 1 was marked for

9
10

identification.)
MS. KRIMSKY: Do you have a copy of the

11
12

subpoena?

Exhibit 2. Is that okay?

(Plaintiff's Exhibit 2 was marked for
identification.)
MR. WICKERSHAM: Okay. That would be
fine.
MS. KRIMSKY: I will give you a copy of
the letter.
BY MS. KRIMSKY:

13

MR. WICKERSHAM: Yes, I do.

13

14

MS. KRIMSKY: Because it's the only --

14

moments and read Exhibit 2, and I'm fine if you talk

15

everything else I brought three copies of, but

15

to your counsel about it as well.

16

that's the only one I did not get to.

16

17

MS. HARTMAN: That's the subpoena?

17

18

MS. KRIMSKY: Yes.

18

19

MS. HARTMAN: The sixth one?

19

20

MS. KRIMSKY: Actually, it's just entitled

20

Q Ms. Remark, if you could take a few

MR. WICKERSHAM: Let me see the letter.

THE WITNESS: Okay. Okay. All right.
Um-hum.
MR. WICKERSHAM: So let's re-tie it
together.

21

subpoena, but the notice of taking deposition

21

22

to you would have been the sixth amended notice

22

23

of taking videotaped deposition duces tecum.

23

Q So Ms. Remark, I'm going to go through

24

this, and actually, we'll superimpose some of the

25

changes from this letter onto here --

24
25

MS. HARTMAN: Okay. Here.

BY MS. KRIMSKY:

THE WITNESS: Okay.

BY MS. KRIMSKY:

11 (Pages 41 to 44)

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EXHIBIT F

Moynihan, Todd
From:
Sent:
To:
Subject:

Kelly Remark [kellyremark@yahoo.com}

Sunday, January 22, 2012 2:10 PM
Moynihan, Todd
Re: Overlook Appraisal

Todd,
My mailing address is
815 N. Oleander Ave.
Daytona Beach, Fl 32118

Thanks,
Tracey
From: "Moynihan, Todcf' <Todd.Moynihan@dot.state.fl.us>
To: Kelly Remark <kellyremark@yahoo.com>
Se.nt: Tuesday, January 17, 2012 10:08 AM
Subject: -RE: Overlook Appraisal

Tracey,

What is your mailing addre.s s?

Todd Moynihan
FDOT Senior Appraiser &
Surplus Property Coordinator - District 5

(386) 943-5082
todd.moynihan@dot .state.fl .us

From: Kelly Remark [ff'.ailto :-kellyrem~rk@yahoo. coml

Sent: Sunday, January 15, 2012 3:44 PM
To: Moyr:iihan, Todd
Subject: Overlook Appraisa l

Hey Todd,
Just wondered where you were on making a determination concerning the appraisal for the bottomland that
Overlook is interested in and if you would be able to send me a copy of the appraisal they submitted. I am
following up some other avenues.
Thanks,
Tracey Remark
P.S. My brother-in-law is from Wisconsin so Go Packers. I figure every positive note helps. And since the
Dolphins are out of it (and have been for quite some time) I might as well give the Packers a boost.

EXHIBIT G

Moynihan, Todd
From:
Sent:
To:
$ybject:

Kelfy Remark [kellyremark@yahoo.com]

Monoay, November 28, 2011 5:50 PM
MoynJhan , Todd
Re: Overloo Marina Update

Merry Christmas
Thanks for the info. Once you have a chance to review the appraisal please send me a copy me via email. I'll
give you a call during your office hours this week concerning other matters. Seems I already have a follow-up at
the state.
Tracey~

From: "Moynihan, Todd" <Todd.Moynihari@dot.state,fl.us>

To: Kelly Remark <kellyremark@yahoo.com>

Cc: "Laubach, Timothy" <Timothy.Laubach@dot.state.fl.us>
Sent: Tuesday, November 22, 2011 8:53 AM
Subject: RE: Overlook Marina Update
Hi Tracy.
Sorry for the delay. I did received an appraisal from Seabreeze Daytona, LLC c/o Mark Filburn a couple of weeks ago
but have not had the chance to review it yet. Mr. Fil bum did tell me that there is no mention of a potential marina in
within the report.

\ [Who is Bill Redman and where is he getting his info1mation? That is puzzling because yesterday, 1 stopped in the leasingl
office of the Overlook and asked if there are any plans for a marina in the future. l spoke with two ladies and they both
said "no" acting as if they didn't know what I was referring too.
_
I am having some of our permitting consultants contact DEP and the Water Management Di.strict to see if there has been
.__
type of inquires, applications, reviews, etc. concerning our submerged land parcel.

As to who you sho Ids eak with about kee ing this parcel in state control
ut of the private sector, I honestly don't
know .. As an employee of 1e 'tate of Florida, l canno give t e appearance of favoring on i e over the other. ,,..
"'ol>viously, there is more to building an 8 acre marina in the lntracoastal Waterway than just acquiring the property. On
this issue, Tcan only suggest that you USP. your own due diligence and resources.
Good Luck and have a Happy Holiday,
Todd Moynihan
FOOT Senior Appraiser &
Surplus Property Coordinator - District 5
(386) 943-5082
todd.moynihan@dot.state.fl.us

From: Kelly Remark [mailto:kellyremark@yahoo.com]

Sent: Tuesday, November 15, 2011 5:04 PM
TQ: Moynihan, Todd
Subject: Overlook Marina Update
1

Hey Todd,
Tracey here. Just checking to see if Overlook ever came up with an appraisal for the submerged lands by the
Seabreeze Bridge in Daytona Beach. If not, is the project on hold? If so, could you email it to me? What's next
in the process? Am asking because Bill Redman (?unsure of spelling?) ~talking around town here about the
ew
.~ - w man ob it will br to the area, etc. Also, anY ide~ what and/or who department or person
in state gov~rnment I would need to speak with a ou , garnering state mtere
om and ack
'uatler ::sefer~n control?
---.....-,
ttave a Happy and Blessed Tfuiiiksgiving.
Thanks,
Tracey Remark

EXHIBIT H

Moynihan, Todd
I

From:
Sent:
To:
Cc:
Subject:

Moynihan, Todd
Wednesday, August 17, 2011 8:43 AM
'Kelly Remark'
Laubach, Timothy
. RE: Seabreeze Marina Update

Hi Tracy,
I have not received an appraisal as of yet. However, Mr. Filburn did recently leave me a voice mail asking if I had heard
from 'his .appraiser.

,,.-

Thanks for the information. Do you know if the granting of the PD, the addition of the residential units on the first f1001
and the bank refinance were tied to the FOOT submerged land?
Tl:ianks,
Todd Moynihan
FDOT Senior Appraiser &
Surplus Property Coordinator - District 5
(386) 943-5082
todd.moynihan@dot.state.fl.us

From: Kelly Remark fmailto:kellyremark@yahoo.com]

Sent: Monday, August 15, 2011 1:50 PM
To: Moynihan, Todd
Subject: Seabreeze Marina Update

Hey Todd,
Just that I'd check in and see if the boys from the Overlook at Seabreeze in Daytona Beach ever came up with
an appraisal for the submerged lands they proposed acquiring from FDOT for their marina project? If so, may I
get a copy of the appraisal. If not, I'll check again in a bit. They did get a PD from the city to allow residential
units on the first floor, nonnally not allowed in that zoning district. And that did allow them to refinance and
meet the bank's requirements.
"tiope Yo"u've been havmg a nice summer. Look forward to hearing from you.
Tracey Remark