Church Property Settlement Within Reach - "We have a deal."
If the Presbyterians can do it why can't Episcopalians?
by Pastor Kirk
http://fopc.net/pastor-kirks-blog/friday-november-12-2010/
November 13, 2010
(see video at above link)
A settlement agreement has been tentatively reached with the PCUSA.
Hi everybody. Pastor Kirk here.
And we have a deal. We have a deal with the synod for our church property. Monday, November 8 our Fair Oaks negotiating team met with the synod team and within two hours we were shaking hands on an agreement. The long exodus journey from the PCUSA to freedom-which began in earnest nearly four years ago-is nearly concluded. This is very good news.
On Wednesday a special meeting of our session convened to hear the team's report, and they unanimously approved "the framework and figure" of the settlement agreement, which was outlined in a memorandum of understanding signed by both parties. Now we are simply awaiting write-up of the actual agreement itself by attorneys to be reviewed, approved, and formally signed, probably around Thanksgiving. Appropriately.
Here's the deal. We will pay the PCUSA $1.1 million, plus half their attorney fees (estimated between $100,000 and $150,000) by March 15, 2011-and the property is ours, the lawsuit is ended, and the PCUSA's claim to our property and title are dropped. The church will be finally and fully ours.
Let me give you some background. The synod is the PCUSA authority above the Sacramento Presbytery; Sacramento Presbytery asked them to take over funding and prosecution of the lawsuit. Two years ago our church won the first round in Superior Court, which awarded church property to us. But then a very adverse ruling was handing down by the state Supreme Court against an Episcopal church in a similar dispute-and the 3rd District Court of Appeals ruled that our Presbyterian church was similarly hierarchical, that the denomination's claim that the property was theirs "in trust" was enforceable, and therefore that the judgment in our favor was negated and the case sent back for retrial. The legal authorities we consulted advised us, we would almost certainly lose the next round-and the property would be awarded to the PCUSA.
We immediately overtured the synod and requested a sit-down with them to negotiate a settlement. At our first meeting in April, the synod demanded $4 million. (A steal-since the property had just been appraised-in a down market-at $10.5 million.) Back and forth we went for two hours. When we recessed, we were still a million dollars apart.
Meanwhile, our sister church Roseville Pres negotiated a settlement figure with synod of $810,000 (plus ½ the attorney fees). Synod offered a 20-year payout at no interest-but they were insisting on holding title. In other words, we would be leasing the property from the PCUSA for the term of the debt. Our team felt this was non-negotiable. If we surrendered title, we might never get it back, our next capital campaign to build a CE wing would be stillborn, and our congregation would consider a PCUSA tenancy both humiliating and intolerable. We suggested other payout terms, but synod insisted on holding title.
So the next time we sat down at the settlement table, on Monday, we proposed a $1.1 million buyout in 120 days-and no transfer of title. (Going in, we had a $1 million offer on the table; synod countered with $1.4 million.) So we suggested instead a simple and fair formula based on Roseville's appraised value and settlement figure; that same ratio applied to us yielded $1.1 million. Synod reps pulled out their calculators, confirmed the math, consulted briefly, and accepted the deal.
We think it is a very good deal. Of course, nobody likes buying something they already paid for. But if we had to rebuild our current facility elsewhere, it would run well over $20 million. (The Family Life Center and Wells Chapel together cost $10.5 million to build-ten years ago.) If we are re-purchasing our church, it's cheaper than 5¢ on the dollar. That's a fantastic deal.
And consider this... What did it cost the Lord Jesus to redeem his church? Infinitely more. No reasonable accountant would say it was worth it-the blood of the Son of God. But God decided it was. He thinks his church is worth it. Is it worth it to us? Can we say, for a million dollars we will redeem this church and its mission and ministries for the cause of Jesus Christ. I know we can and will.
Even now as the year winds down and the march to March 15 begins, will you begin to pray and consider how you might help in our Free At Last campaign? There are angel tree presents and orphans to sponsor and year-end contributions to make to the church. We want all that to happen as usual. In January we'll launch our freedom-drive in earnest. We already have $200,000 banked as a starter. Many will want to contribute toward that million dollars. Whatever remains to be raised, we'll have to go out and borrow. But come March 15, we can be sure of this, Fair Oaks Pres will belong to Fair Oaks Pres. And we can turn and face God's bright future without any ropes holding us down or strings attached. (Did you know-in our new Evangelical Presbyterian denomination, church property is owned by the congregation.)
When you see members of our negotiating team, please give them mighty hugs of appreciation. They have spent long hours deliberating over these past two years, including the travel and settlement conferences themselves in Redwood City and Berkeley. Here's the team: John Akins, Jim Clifton, Bruce McCormick, Larry Cheatham, Chris Larsen, Michelle Zumwalt, and Lynda Gantenbein. Great team. They're like soldiers who have been through war together.
Thank you everybody for your mighty prayers on Monday for our church and our team. We believe the Lord was with us. And we are on the verge of finally-and joyfully-concluding our long struggle to get free. Easter next year should be a huge celebration.
END