COVENANT OF GRACIOUS SEPARATION AND DISMISSAL BY AND BETWEEN THE PRESBYTERIAN CHURCH AT NEW PROVIDENCE AND THE PRESBYTERY OF ELIZABETH In recognition of our mutual desire to further the peace, unity, and purity of the larger church, the living body of Christ, and to fulfill our respective roles and responsibilities towards our Presbytery, Church and congregation, we, the Presbytery of Elizabeth, and the Presbyterian Church at New Providence, enter into this Covenant of Gracious Separation and Dismissal ( Covenant ), recognizing the termination of our denominational affiliation, issuing this ecclesiastical dismissal, and covenanting as set forth below. The Presbytery of Elizabeth represents and warrants that is acting as an agent of Presbyterian Church (USA) with all necessary power and authority to bind the Presbyterian Church (USA) to the terms of this Covenant. The effective date of this Covenant, and all of the Articles, terms and conditions set forth herein, is June 23, 2015, the date of the Stated Meeting of the Presbytery of Elizabeth at which this Covenant has been ratified. ARTICLE I In furtherance of this Covenant, the Presbytery of Elizabeth acknowledges and understands that the Presbyterian Church at New Providence as a congregation has sought and requested dismissal from the Presbytery of Elizabeth, in order to conclude and terminate its relationship as a congregation within the Presbyterian Church (USA). The Presbytery of Elizabeth further acknowledges and understands that the Presbyterian Church at New Providence, upon dismissal from the Presbytery of Elizabeth and the Presbyterian Church (USA), will become a member congregation of the Reformed body known as EOC: A Covenant Order of Evangelical Presbyterians. Pursuant to this acknowledgement and understanding, and by ratification of this Covenant, the Presbytery of Elizabeth, for itself as well as on behalf of and as a council of the Presbyterian Church (USA), in accordance with the Presbytery of Elizabeth s policy on dismissal entitled The Presbytery of Elizabeth Process for Use When a Church Wishes to Disaffiliate With the Presbyterian Church (USA), Second Edition, Revised by Cabinet: 11/8/11, hereby dismisses the Presbyterian Church at New Providence as a congregation within the Presbyterian Church (USA) and a member congregation of the Presbytery of Elizabeth to the Reformed body known as EOC: A Covenant Order of Evangelical Presbyterians.
ARTICLE II Based upon its discernment of its mission, the Presbytery of Elizabeth, for itself as well as on behalf of and as a council of Presbyterian Church (USA) (collectively, the Presbytery of Elizabeth ), acknowledges and agrees that for purposes of the civil, statutory, and common law of the United States and the State of New Jersey, the ecclesiastical dismissal of the Presbyterian Church at New Providence as a congregation within the Presbytery of Elizabeth is intended to apply to any and all legal, equitable and other rights and obligations of the Presbyterian Church at New Providence and the Presbytery of Elizabeth, whether or not expressly stated in this Covenant. ARTICLE III Except for the conditional legal right to seek additional compensation set forth in the second paragraph of this Article III, the Presbytery of Elizabeth relinquishes any legal, equitable or other claim to a right, title or interest in or upon all the real and personal property of the Presbyterian Church at New Providence, and any beneficial interest therein. The real and personal property released includes all real and personal property owned by Presbyterian Church at New Providence, including but not limited to the church building complex, cemetery, manse, and ancillary site improvements. As title to the real property is currently in the name of the Presbyterian Church at New Providence, formal transfer of title is not necessary; although upon request, a separate release or other document shall be given by the Presbytery of Elizabeth to evidence the release of any right, title, and interest in real or personal property that may be asserted by or on behalf of the Presbytery of Elizabeth. Any such separate release or other document shall be prepared by the Presbyterian Church at New Providence at its own cost, and presented to the Presbytery of Elizabeth at no cost to the Presbytery of Elizabeth, and the Presbyterian Church at New Providence shall be responsible for any recording costs for the document. In the event that on or before June 23, 2020, the Presbyterian Church at New Providence terminates its affiliation with a Reformed body of the Presbyterian church, whether currently existing or formed after the effective date of this Covenant, and becomes an independent congregation, the Presbytery of Elizabeth has the legal right to seek additional financial compensation from the Presbyterian Church at New Providence above the payment terms set forth below in Articles V and VI, based upon (i) the Presbytery of Elizabeth s considerations in dismissing one of its affiliated particular congregations to the care of another Reformed body, (ii) the release of its mission presence in the New Providence area, and (iii) the provisions of Rule G-4.0203 of the Book of Order; provided however, that any allegation or claim by the Presbytery of Elizabeth to a legal or other interest in the real property of PCNP under Rule G-4.0203 has been released and extinguished by the terms and conditions of this Covenant. Any consideration of property values shall be only of a percentage based upon the Presbytery of Elizabeth s asserted beneficial and legal interest, limited to the appraised value of the real property of the Presbyterian Church at New Providence as set forth in the appraisal as of February 26, 2015 by Value 2
Research Group, LLC (provided under cover letter dated March 23, 2015 from Richard E. Polton and Daniel J. Cox to Richard Griggs). ARTICLE IV The Presbyterian Church at New Providence shall pay to the Presbytery of Elizabeth the balance of its per capita payments for calendar years 2007 to 2014 in the amount of $54,833.51, as final payment of all per capita payments that may be deemed payable to the Presbytery of Elizabeth. The payments will be made in two installments as follows: the amount of $27,416.76 will be paid within 45 days of the ratification of this Covenant by the Presbytery of Elizabeth, and the amount of $27,416.75 will be paid on or before January 15, 2016. It is understood that the payments made pursuant to Articles IV, V and VI are not based upon a predetermined formula for dismissal, but are based upon the parties diligent discernment respecting existing and on-going ministry obligations and property rights. ARTICLE V The Presbyterian Church at New Providence shall pay to the Presbytery of Elizabeth seven equal annual installments of $18,142.86 commencing on June 24, 2016. The Presbyterian Church at New Providence may, in its sole discretion and without penalty, prepay any or all of the remaining annual installments at any time. ARTICLE VI The Presbytery of Elizabeth shall provide a list of no less than five proposed missions partners to the Presbyterian Church at New Providence, and the Presbyterian Church at New Providence shall pay the aggregate annual amount of $5,714.29 for a period of seven years commencing on June 24, 2016, to one or more of the listed missions partners, selected in the sole discretion of the Presbyterian Church at New Providence. ARTICLE VII The Presbyterian Church at New Providence accepts responsibility for payment of reasonable costs and expenses paid by the Presbytery of Elizabeth in connection with the process of dismissal, including legal fees to review documents relating to this dismissal. ARTICLE VIII Any member of the Presbyterian Church at New Providence who wishes to remain as a member of the Presbyterian Church (USA) shall be under the care of the Presbytery of Elizabeth. 3
ARTICLE IX The Presbyterian Church at New Providence shall commit to sharing a time of worship with the Presbytery of Elizabeth shortly after the dismissal process is completed, whereby we shall celebrate the ministry we have shared, and whereby we shall hold up our common love for Jesus Christ. ARTICLE X The pastors serving at the Presbyterian Church at New Providence, Rev. Jeffrey Ebert and Rev. Michael Flavin, having been accepted as members of another Reformed body EOC: A Covenant Order of Evangelical Presbyterians - shall be considered to have renounced the jurisdiction of the Presbyterian Church (USA). Their membership in the Presbytery of Elizabeth as teaching elders in the Presbyterian Church (USA) shall conclude and terminate as of the effective date of this Covenant. The Presbytery of Elizabeth acknowledges and understands that Rev. Ian Rankine desires to continue as a member of the Presbyterian Church (USA) and maintain membership in the Presbytery of Elizabeth as a teaching elder subject to the jurisdiction of the Presbyterian Church (USA) after the effective date of this Covenant. The Presbytery of Elizabeth agrees that Rev. Ian Rankine, although maintaining membership as a teaching elder in the Presbyterian Church (USA), may be employed at the Presbyterian Church at New Providence after the effective date of this Covenant. The Presbyterian Church at New Providence agrees and covenants that, in addition to Rev. Rankine s other terms of call, it will pay his required dues to the Board of Pensions Presbyterian Church (USA) in accordance with the required dues schedule. ARTICLE XI The Presbyterian Church at New Providence agrees to transfer directly to the Presbyterian Historical Society in Philadelphia the available originals of the church s Session and congregational meeting minutes, and the church membership registers for the period of time when the Presbyterian Church at New Providence was affiliated with the Presbyterian Church (USA) through the date of dismissal. The Presbyterian Church at New Providence may elect to arrange, at its sole cost and expense, for copying or digitization of these records prior to transfer, and will be given a reasonable amount of time following dismissal to complete the copying and preservation of the records to be transferred. The original records transferred will be stored at the Presbyterian Historical Society in Philadelphia at the sole cost and expense of the Presbytery of Elizabeth, the Presbyterian Church (USA), and the Presbyterian Historical Society. Upon request, the Presbyterian Church at New Providence will be allowed, in perpetuity and at no cost to the Presbyterian Church at New Providence, full and complete access to the original records transferred. 4
ARTICLE XII The Presbytery of Elizabeth and the Presbyterian Church at New Providence agree and mutually represent that this Contract has been reached in good faith, after due diligence and discernment. The Presbytery of Elizabeth, for its part, and the Presbyterian Church at New Providence, for its part, each represent that it has the appropriate authority to enter into this Covenant, and that the other has the legal right to rely upon such representations of authority. No subsequent ecclesiastical challenge of right or propriety shall annul this Covenant, or abrogate the legal rights of the other party derived from this Covenant. Should any provision of this Covenant be challenged in a court of law and found to be unenforceable, the remaining provisions shall survive and remain in full force and effect. This serves as a written Covenant Agreement between the Presbytery of Elizabeth and the Presbyterian Church at New Providence, and is understood to be binding on any succeeding governing body. This Agreement represents the entire understanding between the parties and may not be modified except in a writing signed by both parties. No prior oral statements or contemporaneous negotiations or understandings shall be of any force and effect. We pray that each other go forth in peace, honoring Christ. Attested: Presbyterian Church at New Providence Presbytery of Elizabeth CLERK OF SESSION MODERATOR STATED CLERK 5