Title
MOTION TO APPROVE SETTLEMENT AGREEMENT WITH SOUTH BROWARD HOSPITAL DISTRICT D/B/A MEMORIAL HEALTHCARE SYSTEM, PEMBROKE 2 OWNER, LLC, PEMBROKE 145 OFFICE, LLC AND BAPTIST HEALTH SOUTH FLORIDA, INC. FOR LITIGATION REGARDING ORDINANCE NO. 2018.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. The City Commission, after conducting a required quasi-judicial hearing, approved Ordinance No. 2018 (the “Ordinance”) on April 30, 2024, which approved an application submitted by Pembroke 2 and Pembroke 145 to rezone an approximately 25 acre parcel of property located north of Pembroke Road between I-75 and Southwest 145th Avenue, which in part enabled Baptist Health to develop a Freestanding Emergency Department.
2. On May 17, 2024, Memorial commenced a first-tier certiorari proceeding relating to the Ordinance against Pembroke 2, Pembroke 145, and the City in the Seventeenth Judicial Circuit in and for Broward County Florida, Case No. CACE-24-006976 (the “First-Tier Certiorari Proceeding”). Baptist received leave of the Court to intervene as a respondent in the First-Tier Certiorari Proceeding.
3. On May 17, 2024, Memorial also commenced a proceeding pursuant to § 163.3215(3), Fla. Stat. and relating to the Ordinance against Pembroke 2, Pembroke 145, and the City in the Seventeenth Judicial Circuit in and for Broward County Florida, Case No. CACE-24-006977 (the “Consistency Challenge”). Baptist sought but has not yet received leave of the Court to intervene as a defendant in the Consistency Challenge.
4. Earlier this year the Mayor initiated dialogue with the interim Chief Executive Officer for Memorial, Shane Strum, and as a result counsel for all of the parties have engaged in settlement discussions that has resulted in the proposed Settlement Agreement and Joint Stipulations of Settlement and Dismissal with Prejudice of both the First-Tier Certiorari Proceeding and the Consistency Challenge. The terms of the settlement are:
• Both the First-Tier Certiorari Proceeding and the Consistency Challenge will be dismissed with prejudice.
• All parties will bear their own attorney’s fees and costs
• Memorial releases the City, Property Owners and Baptist for any claims it may have under the Ordinance, the First-Tier Certiorari Proceeding and the Consistency Challenge; and the City, Property Owners and Baptist release Memorial for any claims it may have under the Ordinance, the First-Tier Certiorari Proceeding and the Consistency Challenge.
• The release will not affect the City’s rights to enforce Ordinance No. 2018 against the property owners or Baptist Health.
5. The First-Tier Certiorari Proceeding has been fully briefed. The parties have agreed to abate the court’s consideration of the case and issuance of an order while the parties are working on concluding the settlement.
6. The Consistency Challenge is in its early stages. The City filed a Motion to Abate the case pursuant to Chapter 164, Florida Statutes, but the parties have agreed to defer the hearing on the motion while the parties are working on concluding the settlement.
7. Counsel for all other parties have advised that their clients are agreeable to the settlement terms and the attached documents.
8. The City has reached terms with Memorial and Baptist to resolve this litigation. HCA and Memorial are still working on language and the settlement for that case is not ready yet. The City may proceed with the Baptist settlement at this time.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None
b) Amount budgeted for this item in Account No: Not Applicable
c) Source of funding for difference, if not fully budgeted: Not Applicable
d) 5 year projection of the operational cost of the project: Not Applicable
e) Detail of additional staff requirements: Not Applicable
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable