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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