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:
...
Click here for full text