Agilent says decision doesn't signal weakening of $14M property deal

By Rob Jennings, Daily Record

ROCKAWAY TWP. - The 107-acre site where Christ Church of Montclair wants to build its controversial mega-church was recently put back on the market by its owner, Agilent Technologies, both the church and Agilent confirmed Tuesday.

Agilent spokesman Bob Lydum said the company's $14 million purchase agreement with the 5,000-member church, signed in July 2003, was "recently amended to allow Agilent to market the site through brokers for lease or sale to others."

Lydum said the decision was made in conjunction with Christ Church and does not signal any weakening in their relationship.

"The church remains the contract purchaser," added Lydum, who declined to discuss specifics on Christ Church's contract - such as whether it includes a provision requiring closure within a period of time, or whether the church would have the option of bidding against a prospective open market buyer.

Pastor's posture

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Christ Church's pastor, David Ireland, said he agreed to the remarketing of the Green Pond Road site out of a desire to be fair to Agilent. "Agilent has been very gracious all these years," said Ireland, who also declined to discuss contract specifics.

"If we're not successful with the lawsuit or the planning board .... they (Agilent) want to make sure they don't waste time" in finding another buyer, Ireland said.

Planning board hearings on Christ Church's plan, which features a 2,512-seat sanctuary and private K-5 school, have been under way since Dec. 15, 2003 and an 18th hearing will take place later this month.

Hearings are continuing despite a federal lawsuit filed by Christ Church in April against Mayor Louis Sceusi, the council, planning board and environmental commission, alleging a coordinated effort to target and undermine the building plan.

Mayor's musing

Sceusi said Tuesday that he had not seen the contract between Christ Church and Agilent but noted that time limits typically are included in such agreements.

"I don't know what to make of it," Sceusi said of Agilent's decision to put the site back on the market.

A local opponent to Christ Church's application interpreted the site's remarketing as a hopeful sign.

"Certainly it opens up the possibility that another tax-creating entity may move in there," said Charles Mueller, a township resident.

"If they're smart, they'll start looking elsewhere - if they haven't already," Mueller said of Christ Church.

Schrier's speculation

Highlands Council vice chairman Jack Schrier speculated that Agilent's move indicated Christ Church is unlikely to ever take ownership of the site.

"Maybe Agilent says, you know, this ain't going nowhere - and we don't want to wait around forever, and we have an out with the contract," Schrier said.

"I'm not surprised, given all of the controversy surrounding this," added Schrier, who lives in Mendham Township. "Christ Church clearly is not welcomed in that community."

The Highlands Council's responsibilities include reviewing proposed developments in a 395,000-acre preservation area that includes the Agilent site, following adoption last August of the Highlands Water Protection and Planning Act.

Rockaway Township is appealing the state Department of Environmental Protection's decision to exempt Christ Church from the new law's strict requirements on development.

Planning board chairman Mort Dicker said that the status of Agilent's contract wouldn't affect upcoming hearings.

"We have to proceed on the application we have before us," Dicker said.

Sceusi said that the protracted pace of the hearings is due to voluminous information being reviewed by the board.

Church's changes

The mayor said that last Friday, Christ Church submitted additional plan revisions showing a traffic light at the Green Pond Road/Meriden Road intersection and another light at the back entrance on Meriden.

Previously, the church had proposed only a single light at the main entrance on Green Pond.

"It's certainly a major change," Sceusi said.

The Agilent complex has been vacant since Oct. 2002.

Lydum confirmed last month that Agilent has filed appeals in state tax court for its 2004 and 2005 property taxes, seeking an unspecified reduction in the site's $25,264,000 assessed value.

Agilent was billed approximately $674,500 in property taxes by Rockaway Township for both years.

In March, the council passed an ordinance tightening environmental rules and clarifying rules for conditional uses such as churches - another change potentially limiting redevelopment at the Agilent site and lowering its value.