R19-142 1 RESOLUTION NO. R19-142
2 A RESOLUTION OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, CONSENTING TO THE
4 TERMINATION OF THE DECLARATION OF
5 PROTECTIVE COVENANTS OF QUANTUM PARK
6 AT BOYNTON BEACH; AND PROVIDING FOR AN
7 EFFECTIVE DATE.
8
9 WHEREAS, the Quantum Park Property Owners' Association, Inc., has requested the
10 City's consent to terminate the Declaration of Protective Covenants of Quantum Park at
11 Boynton Beach; and
12 WHEREAS, the Declaration took effect in October, 1987 and created the Quantum
13 Park Property Owners' Association, Inc.; and
14 WHEREAS, to effectuate termination of the Declaration, consent of the City is
15 required; and
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to
1
17 be in the best interest of the citizens and residents to approve and consent to the termination of
18 the Declaration of Protective Covenants of Quantum Park at Boynton Beach.
19 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIONOF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 , Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption.
23 Section 2. The City Commission hereby approves and consents to the termination
24 of the Declaration of Protective Covenants of Quantum Park at Boynton Beach.
25 Section 3. That this Resolution shall become effective immediately.
26
I
Calsers\Stanzionet\Appdata\Local\Microsoft\Windows\Inetcache\IE\94XIWK7N\Consent_To_Termination_Of Protective_Covenants_(Qu
antum_Park_POA)__Reso.Docx
27 PASSED AND ADOPTED this day of 1\IM, 6,,/, 2019.
28 CITY OF BOYNTON BEACH, FLORIDA
29
30 YES NO
31 Mayor—Steven B. Grant V
32
33 Vice Mayor-Justin Katz ✓
34 V
35 Commissioner-Mack McCray
36 /
37 Commissioner-Christina L. Romelus ✓
38 /
39 Commissioner—Ty Penserga ✓
40
41 VOTE ,S'.°
42 ATTEST:
43
44
45
46
47 C tal Gibson, MMC
48 City Clerk
49
5 "
.x'52 . , CorporeSeal)
1.4:•.. moi~
s 0
if Pte . .
a.
-y
4,
V.
2
C:\Users\Stanzionet\Appdata\LocalNicrosoft\Windows\Inetcache\IE\94X1WK7N\Consent_To_Termination_Of Protective_Covenants_(Qu
ant um_Park_POA)_-_Reso.Docx
MATTIIEW ZIFRONY TRIPPSCOTT
(954)760-4918 EXPERIENCE CAN TRUST
email:mzz@trippscott.com
October 31, 2019
VIA E-MAIL: SwansonL@bbfl.us
Mayor Steven B. Grant
City of Boynton Beach Commission
City Hall
3301 Quantum Blvd, Suite 101
Boynton Beach, FL 33426
Attention: Lynn Swanson
RE: Quantum Park Property Owners' Association,Inc.
Dear Mayor Grant, Vice Mayor Katz and fellow City Commissioners:
By way of introduction, my law firm represents Quantum Park Property Owners' Association, Inc. (the
"POA").
As some or all of you may know, a Declaration of Protective Covenants of Quantum Park at Boynton
Beach (the "Protective Covenants") was recorded on October 15, 1987 on the public records of Palm
Beach County, Florida. It encumbers the real property situated in Boynton Beach commonly known as
Quantum Park. The POA is referred to in the Protective Covenants as "the association".
The Protective Covenants was primarily created to provide standards for how the Quantum Park
community was to be developed. In so doing, it granted the POA certain approval rights with respect to
the type of improvements that could be constructed at Quantum Park. It also granted the POA the
authority to control the common areas at Quantum Park. To pay for the costs association with the
foregoing as well as the costs associated with enforcing the Protective Covenants, the Protective
Covenants granted the POA the right to collect assessments from the Quantum Park owners.
The Quantum Park community has since been fully developed and all of the POA's functions have
effectively been taken over by various governmental agencies. More so, the POA is unaware of any
• common areas that it controls. In light of the foregoing, the Protective Covenants no longer serve any
real purpose and no longer provide any benefit to the Quantum Park owners. Instead, the Protective
Covenants has become nothing more than a means through which money can be collected from the
Quantum Park owners to fund internal Quantum Park disputes.
Fortunately, the creator of the Protective Covenants had the foresight of envisioning that there would
come a time when the Protective Covenants would no longer be needed. In so doing, it included
language in the Protective Covenants that provided that the Protective Covenants would terminate upon
the approval of(a) a requisite number of the Quantum Park owners, (b) a requisite number of members of
the POA's board of directors,j] and (c)lthe City
��of BoyntonxBeach. We are
launaware
lof any negative impact
that the Quantum Park Southeastwouldt face Fifteenth hPrloorctiorrt Covenants are ae fated. On the contrary,
1812034v1 994914.0001 Post Office Box 14245•Fort Lauderdale,Florida 33302
Tel 954.525.7500•Fax 954.761.8475•www.trippscott.com
Fort Lauderdale •Boca Raton • Tallahassee
October 31, 2019
Page 2
terminating the Protective Covenants would benefit the Quantum Park owners since it will take away the
POA's ability to further assess them.
In light of the above, the POA through this letter hereby requests that the City of Boynton Beach grants
its approval to the termination of the Protective Covenants.
If I can provide any additional information, or if you have any questions, please do not hesitate to contact
me.
Very truly yours,
Matthew1ifr-ony�
For the Firm
cc: Quantum Park Property Owners' Association, Inc.
Gregory A. McAloon
Jim Cherof
•
1811641v1 995691.0001