Agenda 11/14/2023 Item #16F 3 (Repurchase of a cemetery plot no longer desired by the deed certificate holder)11/14/2023
EXECUTIVE SUMMARY
Recommendation to authorize staff to take all action necessary to repurchase a cemetery plot no longer desired
by the deed certificate holder, in accordance with Cemetery Policy adopted by Resolution No. 2017-17.
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OBJECTIVE: Recommendation to authorize staff to take all action necessary to repurchase a cemetery plot
no longer desired by the deed certificate holder, in accordance with Cemetery Policy adopted by Resolution
No. 2017-17.
CONSIDERATIONS: On September 23, 2014, Heriberto Santiago purchased (on a pre-need basis) a cemetery
plot at Lake Trafford Memorial Gardens, at a total cost of $400.60 which included associated costs and recording
fees. The deed certificate is recorded at OR 5142 PG 88.
Mr. Santiago lost his canal-front home along the Naples Land Yacht Harbor as a result of Hurricane Ian, has since
made a permanent move back to Puerto Rico to live with his elderly sibling and assist in the physical care of the
sibling and other family members, with no expectation of ret urning to Collier County himself. He has no family
residing in Collier and thus, has no need or any anticipation of using the purchased pre-need plot.
The County’s Policies and Procedures allow for the County’s repurchase of unused/unwanted plots and, in Section
VI, Paragraph 6.5. Repurchase of Sold Plots, state as follows:
The Owner of interment rights for any unused Plot or group of unused Plots may make application to the
Cemetery Manager for return of the purchase price of such Plot(s), less recording fees and any other
determinable original costs. Upon receipt of such request, the Cemetery Manager shall have the Owner
execute a quit claim deed for the Plot(s) repurchased in favor of Collier County, and give the Owner in
exchange thereof, a receipt specifying the amount of refund to be payable upon acceptance of the quit claim
deed. Cemetery Manager will secure a refund check from the Clerk of the Circuit Court Finance
Department, which shall be delivered by either person-to-person exchange, via Certified U.S. Mail - Return
Receipt Requested, or some other manner of delivery providing confirmation of receipt.
A Quit Claim Deed Certificate conveying and returning the burial rights back to Collier County is attached as back -
up to this item. If this item is approved, it will be executed by and recorded at Mr. Santiago’s expense.
FISCAL IMPACT: The fiscal impact from this action, if approved, would be $375; which is the actual amount
paid for the plot and does not include refund of the doc stamps and recording fees charged at the time of purchase.
Funding is available within General Fund (001), Immokalee Cemetery Cost Center 122370.
GROWTH MANAGEMENT IMPACT: There is no impact on the County’s long-range planning effort.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for
Board approval - DDP
RECOMMENDATION: That the Board approves and authorizes staff to take all action necessary to repurchase a
cemetery plot no longer desired by the deed certificat e holder, in accordance with Cemetery Policy adopted by
Resolution No. 2017-17; and record a Quit Claim Deed Certificate from current certificate holder back to Collier
County.
ATTACHMENT(S)
1. Santiago Pre-Need OR 5142 PG 88 (PDF)
2. 2017-17 Reso w-Policies & Procedures (PDF)
3. QCD Certificate - CAO approved10112023163940 (PDF)
16.F.3
Packet Pg. 1502
11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Doc ID: 26966
Item Summary: Recommendation to authorize staff to take all action necessary to repurchase a cemetery plot no
longer desired by the deed certificate holder, in accordance with Cemetery Policy adopted by Resolution No. 2017 -
17.
Meeting Date: 11/14/2023
Prepared by:
Title: Property Acquisition Specialist – Facilities Management
Name: Deborah Goodaker
10/12/2023 9:00 AM
Submitted by:
Title: – Facilities Management
Name: John McCormick
10/12/2023 9:00 AM
Approved By:
Review:
Facilities Management John McCormick Director - Facilities Completed 10/12/2023 9:10 AM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 10/12/2023 9:18 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/23/2023 10:22 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/23/2023 3:57 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 10/24/2023 12:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/25/2023 9:41 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/30/2023 3:55 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
16.F.3
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16.F.3.a
Packet Pg. 1504 Attachment: Santiago Pre-Need OR 5142 PG 88 (26966 : Repurchase of Santiago Pre-Need Plot)
RESOLUTION NO.2OI7.I7
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, ADOPTING POLICIES AND PROCEDURES TO
GOVERN THE OPERATION OF LAKE TRAFFORD MEMORIAL GARDENS,
EFFECTIVE UPON ADOPTION.
WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15,1964,
from J.C. Tumer Lumber Company and recorded in the Public Records of Collier County in O.R. Book I 80, Page
773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens
("Cemetery'); and
WHEREAS, on July 27, 1982, the Board ofCounty Commissioners of Collier County, Florida ("Board"),
adopted a policy (Resolution E2-105) goveming the rights of administration, maintenance and operation of the
Cemetery, including the disposition and rights of interment for indigent deceased; and
WHEREAS, on December 14,2010, the Board adopted Rcsolution No. 2010-23, which revised the [982
Policy by adding and adopting cremation policies and procedures relative to indigent deceased; and
WHEREAS, the need exists to further revise the 2010 Policy. separating the two typcs ofdisposition since
indigent cremations or burials are currently managed by the Collier Counqv Community and Human Services
Division under separate Standard Operating Procedures dated September 27, 2014, and the sale of burial plots to
the public are currently managed by the Division of Facilities Management.
NOw' THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONF:,RS,
COLLIER COI.,NTY, FLORIDA thAT:
L All previous policies and procedures or rules and regulations for Lake Trafford Memorial Gardens are
hereby revokcd and rescinded; and
2. The attached 2017 Policies and Procedures, Exhibit "A," which places responsibility for enforcement
of said Policies and Procedures with the County Manager or designee(s), a copy of which shall be set
forth in the Minutes of the Board of County Commissioners for this day are hereby declared to be the
Policies and Procedures or Rules and Regulations which shall henceforth govern the administration.
maintenance, and opcration of Lake Trafford Memorial Gardens.
3. This Resolution is effective upon adoption.
This Reeolution edopted this l4th day of Februsra, 2017, rfrer motion, second, rnd mojority vote.
ATTEST:
DWIGHT E. EROCK;.CIerk
BOARD
COLLIE
F TY COMMISSIONERS
. FLORIDA
u-)ttt,;yr-y.1^--*irtest@;-
iignature only'
Approved as to form and legality
r;;Tffi
JENNIFER A BELPEDI istant County Attorney
BY
PENNY R, ChA
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Packet Pg. 1505 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
Exhibit "A"
I-AKE TRAFFORD
MEMORIALGARDENS
1155 Little League Road
lmmokalee, FL34t42
(Col lie r Cou nty's Publ ic Ce mete ry)
2OL7 POTICIES AND PROCEDURES
Adopted Pursuant to Resolution No. L7 - I 7
Effective Date:Pu#P 20L7 e
16.F.3.b
Packet Pg. 1506 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
PU RPOSE 1
TSTABLISHMENT OF 2017 POLICIES AND PROCEDURES, RUTES AND REGULATIONS TO
GOVERN ADMINISTRATION AND MAINTINANCE OF LAKE TRAFFORD MEMORIAL GARDENS ......,..,... 1
III. ENFORCEMTNT OF POLICITS AND PROCEOURES .
SCOPE OF RESPONSIEILITY
5.1 Responsibilities of Cemetery Manater ......
VI. BURIAT SPACES - RIGHTS OF INTERMENT
6.1 Sale of Plots
6.2 oeeds Certificates/Deeds of Conveyance ......
5.3 Cosl of Plors
6.4 Manner of Payment
6.5 Repurchase of Sold Plots
6.6 Use of Proceeds from Sale of Plots ...............
vlt.INTERMENT AND DISINTERMENTS
7.1 Hours for Any lntermenvDisinterment Activity ..,......... ...................,.................. 6
7.2 Notice and Application for Reopening, Disinterment, Removal or Reinterment .....................-...... o
REGUIATIONS & RULES OF CONDUCT
8.1 Cemetery Hours ................-......-.....
8.2 Decorum
8.3 Persons Permitted
8.4 Use of Walkways Required ...............
6.5 Traffic Retulations
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8.6 Prohlbltlons ....
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6.7 ldentification of Plots
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8.8 Benches of Other Seatint ..............................
8.9 Oecoration of Cemetery Plots ........
8.10 County's Perpetual Care
8.11 Grandfather Clause
9.4 Rrghts Reserved by the County......
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9.5
EFFICTIVE DATE 10
TABLE OF CONTENTS
5.2 Responsibilities of Funeral Director...............................
5.3 Maintenance Responsibilities by the County ...-,..........
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LIMITATIONS AND RESERVATIONS OF RIGHTS
9.2 lnvesligatbn and Remediation
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Packet Pg. 1507 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
LAKE TRAFFORD MEMORIAL GARDENS
2017 POLtCt ES AND PROCEDURES
oo )uly 27, 1982, the Board of county commissione.s adopted a policy 8overning the rights of
interment, administration, maintenance and development of Lake Trafford Memorial tardeni; saiO
policy including the disposition of the County's indigent deceased.
on December 14, 2oL0, the Board oI county commissioners adopted a policy governing the
operation of take Trafford Memorial Gardens which included policies specifically for indigent
cremation and burial.
The need exists to further separate the two types of disposition since indigent burials or
cremations are currently managed by collier county community and Human services Department
under separate Standard Operating procedures dated September 27, 2014.
III. ENFORCEMEIVT OF POUCIES AIID PROCEDURES
The county Manager shall enforce these policies and procedures, and any person whose
actions are not ln compliance with these Policies and Procedures shall be notified by the County
Manater or desiSnee(s), verbally or in writin& to remedy non-compllance lssues wlthln a timeframe
established by the county Manager or dcsignee(s) at the time of notification.
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I. PURPOSE
ll. ESTAEUSHMENT OF 2017 POIICIES At{D PROCEDURE RULES Al{D REGULATTOI{S TO GOVERT{
ADMINISTRATION AND MAINTENAilCE OF IAI(E TRAFFORD MEMORIAL GARDENS
Lake Trafford Memorial Gardens, a cemetery acquired and maintained by Collier County for the
public benefrt under authority of Chafier 63-l?43, Special Acts of the Florida State Legislature, and
as recorded in Plat Book 8, Page 32 through 40 of the Public Records of Collier County, Florida, is
sub.iect to the following rules and regulations prescribed for the protec on of owners' interment
rlghts therein and for the admlnlstration, operation, and maintenance of the cemetery.
All rules and retulations set forth in the preceding "Operation of Lake Trafford Memorial
Gardens Policy", whlch was put lnto place by way of Resolution No. 201G231, are hereby rescinded,
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Packet Pg. 1508 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
tv. DEFr{]T|ONS
For the purpose of these poricies and procedures, the folowing definitions shal appry unressthe context clearly indicates or requires a different meaning.
Casket means a ri8id container that is designed for the encasement of human remains and which isusually constructed of wood or metal, ornamented, and lined with fabric.
Cemeterv means [ake Trafford Memorial Gardens.
Cemeterv Man aRer means th e County Manager's deslgnee(s) responsible for the o peration, general
maintenance, and sale of Plots for immediate or pre-need use.
eglly means Collier County, Florida, a political subdivision of the State of florlda.
lnterment means the opening of a burial site, the placint of a casket or other enclosure (rntalnlng
human remains in the open site, and the closing of the site.
Convevance, Sale or Transfer means the conveyance of a rlght to burial in a space and shall nor be
deemed to convey fee simple title to the space, subject to any restrictions or limitations contained
herein, for the sole purpose of burial of human remains.
cremation means any mechanical, thermal, or alternative process whereby a deceased human bodyis reduced to ashes and bone fragments, which may be referred to as cremains. cremation also
includes any other mechanical or thermal process whereby human remains are pulverized, burned,
recremated, or otherwise further reduced in size or quantity.
pggg] means a cenificate of ownership or deed executed by the county certifying th€ conveyance to
a purchaser of the ritht to burial in the identifled ground space.
Disinterment means the re-openint of a burial site, the removal of a casket or other enclosure
containint human remains or cremains from the open site, and the closing of the site.
Flagqinq means the physical identification of a purchased Plot or Gravesite which is due to be opened
and closed for any burial.
Funeral or Funeral servrce means the observances, services, or ceremonies held to commemorate
the life of a deceased human being.
Funeral Director means any person licensed by the State of Florida to practice funeral directing.
lndirent means a deceased who, at the time of death, meets one hundred percent (1oo%) of theFederal poverty rever recognized by the Federal rncome Guidelines producej by the Unitej states0epartment of Health and Human Services.
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Packet Pg. 1509 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
Marker
Lesallv Authorired Persotl is as described in Florida Statute 497.005; including but not limited to theperson desitnated by the decedent as authorized to direct disposition, a surviving spouse; a son,
daughter, grandchild, or sibling who is 1g years of age or order, a parent, trandparent; or any person
in the next degree of kinshrp. rn addition, if no famiry member, the legal guardian deiignatedpersonal representative, attorney-in-fact, health surrogate, or public health officer or administratoractint under Part I of chapter 406. see F,s.497.005{43) for all-inclusive definition.
or Temootarv Marker means a written/stamped/printed identification of the deceased,s
name for a particular Plot and shall be provided by the Funeral Director at the time of interment.
Memorial means any type of floral or other decorative item placed upon any plot for the purpose ofidentification, or in memory ofthe deceased.
Monument means a headstone or memorial of granite. marble or other similar stone, which extends
above the surface of the ground used to permanently ldentify the prot or Gravesite.
Natural Person means a real human being, as distinguished from a corporation which is often treated
at law as a fictitious person.
owner or Purchaser means anyone who has purchased a plot in the cemetery or, in the case of death
or incapacity of the oriSinal Purchaser/Owner, the deceased's Legally Authorized person(s) entitled
to exercise ownership rights in place of or for the original purchaser/Owner.
Plot or Gravesite means a platted and identified space of ground within the Cemetery intended to be
used for the underground interment of human remains or cremains.
Pre-Need means the desire to purchase a burial space prior to immediate need. such an example
would be spouses wishing to purchase plots next to each other, or a family wishing to purchase a
number of Plots for close family members all in the same general locatlon wlthln the Cem"tery.
!19[ means the County Manager/s staff designated to perform sales of plots or Gravesites for
immedlate or Pre-Need use by the purchaser/owner.
!t! means a receptacle designed to permanently encase cremated remains or cremains.
!3913 means an underground container into which as casket is encased.
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Packet Pg. 1510 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
V SCOPE OF RESPO St8ltrw
To ensure compliance with these Policles and Procedures, responsibilities of the Cemetery
Manager, the Funeral Director, and the count/s maintenance obligations are outlined below.
5.1 Responsibilities of Cemeterv Manarer.
Conveyance, Sale or Transfer of burial rights at the Cemetery;
Preparation and storage of documents for the conveyance, sale or transfer of burial rights;
collection of payments for such conveyance, sale or transfer and transmittal of fundsio the
clerk of the clrcult coun Flnance Depanment;
Flagging or causin8 to be flatged, the correct plot to be opened for any given burial;
Preparation of and recording of Deed Certificates for each Cemetery plot;
Any administrative duties related to disinterment of human remains at the cemetery; and
General maintenance of the Cemetery grounds.
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5.2 ResDonslbillti es of Fu neral Dlrector.
The Funeral Director shall obtain a state-issued burial transit permit, and provide the permit
and/or permit number to the Cemetery Manager prior to burial;
The Funeral oirector is required to provide a concrete grave liner or vault for all burlals;
The Funeral Director or his/her designee shall be responsible for the opening and closing of
the Gravesite, and shall be present to conduct the burlal servlces in accordance with the
applicable Florida Statutes, as well as these policies and procedures;
The Funeral Director, his/her representatives, and aldes shall be responsible for
transportation of the remains of a deceased person from the funeral coach containing the
remains to the prepared Plot, and at least one person from the Funeral Directo/s staffihall
be in attendance as a witness durinB interment of the deceased,s remains;
once a casket contalnlng a body ls transponed lnto the cemetery, the Funeral Director or
his embalmer, assistant, or atent, is prohibited from opening the casket wrthout the
consent of a Letally Authorized Person for the deceased, a court order or valid permit;
A Temporary Marker shall be provided by Funeral Director. At minimum, this will be a
metal nameplate identifying the name of the deceased, the date of death, and name of the
funeral home; and
No Funeral Director sharr use any prot without prior consent of the cemetery Manager.
5.3 Maintenance Resoonsibilities bytheCountv.
a. All grading, soil removal, landscaping and improvements of any kind on common areas of
Cemetery property;
b. All natural foliage or county installed trees, shrubs or plantings shall be trimmed, cut or
removed as needed.
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Packet Pg. 1511 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
VI. BURIAL SPACES - RIGHTS OF II{TERME'Vr
5'1' sale of Plots' Purchase of Plots shall be from colller county only. (The size of o single stondordplot is 4' x 9' ol ground space; oN on inlant plot is 2'8" x 3'9"). No sales shall be made other than tonatural persons, except to Funeral Directors for immediate use or pre-Need use. No resale of plots
sharr be permitted, except that the county may repurchase by qurt craim deed any unused prot uponrequest from the owner for the oriSinal price, lesr recording or doc stamp fees. No plot owner shallaccept payment for the use of his/her Plot. No single buyer shall be permitted to purchase tots innumber beyond his/her reasonabre anticipated requirements as determined by the cemeteryManager. These provisaons are expressly intended for the prevention of eny speculation in intermentriShts.
5.2 Deed Certmcates/Deeds of Convevance.
cemetery Plots may be reguested and purchased during the County,s regurar office hours,Monday throuSh Friday (excluding county-observed lolrdays), throu;h the cemeteryManager or designee(s), either by phone, email or facsimile; or in person at the CemeteryManage/s physicar office rocation. prots may be purchased directry by a decedent's famiryor other representaflve, by a Funerar Director on beharf of a decedent or the famiry forimmediate use, or by any individual on a pre_Need basls;
A Request,or rnterment form wil be provided by cemetery Manager or designee(s) whichmust be compreted by the purchaser and returned to cemetery Manager for issuance of thePlot number. At the same time, an invoice wi also be issued to the purchaser and ispayable upon receipt, but in no event, later than 30 days from the date of invoice;At his/her option, cemetery Manager sharr reserve the ritht to requrre payment in fuI byany purchaser prior to issuing a plot;
ln the case of a Pre-Need request, the person wishing to make such purchase wifl beprovided with a Request for pre-Need Buriar prot form and payment must be made uponissuance of the Plot;
No deed of conveyance shal be executed and/or recorded by the county before the cost ofthe Plot has been paid in full. No time payments or partial payments will be accepted; andcemetery Manager or designee(s) will prepare, process and record the Deed certificatewith the crerk of court whereupon an erectronic copy wifl be avairabre at any time afterrecording.
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All Deeds of convevance are hereby declared to incorporate and shall be subject to all policies,procedures, rules, regulatlons and conditions in place at the time of interment.
6 3 cost of Plots. The cost of Plots will not increase more than 1o96 per year, at the discretion of theBcc' Associated documentary stamps and recording fees may also increase. current rates will alwaysbe provided at the time of purchase or are available upon req;est.
5.4 Manner of pavment. Full payment for plots shall be made ln cash or by check.
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Packet Pg. 1512 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
7.2
5'5 Reourchase of sold Plots. The owner of interment rights lor any unused plot or group of unusedPlots may make application to the cemetery Manager for return of the purchase price of such plot(s),less recording fees and €ny other determinable Jriginal costs. upon receipt of such request, thecemetery Manager shall have the owner execute a qu-it claim deed for the ptoi(, ,"pr..t r."d in favorof collier county, and Slve the owner ln exchange thereof, e receipt specifying tie a-rliunt ol retunu tobe payable upon acceptancc of the quit claim deed. cemetery Manager will secure a refund checkfrom lhe Clerk of the circuit court Finance Department, which shal beieliverJif .,it ",
person-to-person exchange, via certified u.s. Mall-Return Receipt Requested, or some other manner of deliveryproviding confirmaflon of receipt.
6 6 Use of Proceeds from sale of Gravesites. Proceeds from the sale of Gravesites shall be used foradministration and general maintenance of the Cemetery.
VII. IIVTERMENTSA]IDDISII{TERMENTS
7 1 Hours for Anv lnterqent/Disinterment Activiw. lnterments and Disinterments shall be madebetween the hours of 9:0o am and 4:00 pm, any day of the week as agreed upon and arrangedfor by the Funerar Director or other regafly permitted/court ordered proiessionar.
Di rme
a' Requests for any reopenin& disinterment, removal or reinterment of human remains orcremains shal be. submitted to the cemetery Manager. At reast 5 business days, noticemust be given, unless in lhe case of emergency court order;b The reopeninS, disinterment, removal or reinterment of human remains or cremains shallrequire the physical presence of a Funeral Director and his/her assistants or designees, andverbal or written advance notice to the cemetery Manager or his/her designee shall bemade' The Funeral Director shall obtain written, notarized authorization from a LegallyAuthorized Person prior to the disinterment and reinterment of human remains orcremalns. except in the case of a court order; andc. Any reopeninS, disinte.ment, removal or reinterment shall be performed in accordancewith all applicable Florida Statutes.
VIII. REGUTATIONS& RUI.ES OF CONDUCT
8'1 Cemeterv Hours. The cemetery gates sha[ be open to vehicurar traffic during dayritht hoursonly. No one rs permitted in the cemetery (whether on foot, bicycle or in a moto, vihicle)-from sundown to sun up.
8.2 Decorum. strict decorum shafi be observed at aI times within the cemetery, whether set forthin these re8ulations and rures or not. At the discretion of the Cemetery Manager, any activitieswithin the confines of the cemetery which are conducted in disregard of its soremnity, incruding butnot limited to loiterlng, drunkenness, huntin& picnics, or the disposition of trash or litter thereon, arestrictly prohibited. offenders shal be evicted from the premises and may be subject to pror"artion.
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16.F.3.b
Packet Pg. 1513 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
8.3 Persons Permitted. children under 16 years of age shall not be permitted within the cemeteryunless accompanied by a parent or legal guardian.
8'4 . Use of walkwavs Reouired. persons within the cemetery shafl use the existing warkways androads.
8.5 Traffic Rerulations, No person shafl drive any motor vehicre wrrhln the cemetery at a speed
Sreater than is reasonable in light of any activity then occurrint within the cemetery and no motorvehicles shell be operated at a speed greater than ten mires per hour, in a counter-crockwisedirection. All motor vehicles shall at all times remain on the paved portions of the roadway. Nomotor vehrcles shall be parked or driven on or upon any pedestrian paths, walkways or unpavedareas adracent to any open grave, except when in attendance for the servrces in connedrontherewith. However, a funeral hearse or other casket transport vehicle may drive onto the trass.
8.5 Prohi itions.
a. l-lttering - Liftering is expressry prohibited anywhere within the cemetery. There are trash
cans provided for the purpose of discarding wlted real flowers and floral arranSements, or
faded artificial floral memorials and pieces.
b. Peddling or Soliciting is prohibited within the boundaries of the Cemetery.c. Notices and Advertisements - No signs, notices or advertisements of any kind shafl be
allowed in the Cemetery unless placed by the County.d. Pets - No pets shall be allowed on the cemetery grounds unress on a leash and under the
express control of its owner. Owner is responslble for cleaning up after their pets.e. Placement of Nationar Frags - As this is an American cemetery, one county-issued Americanflag shall be frown and properry righted in the veteran's section of the cemetery.
Accordingly, no other flag or flag pore exceeding three (3') feet in height shafl be praced byor on any Plot. The cemetery rvanager may remove any non-conforming frags with or
without notice.
8'7 ldentification of Plots. The placement, location, installation and construction of all permanent
monuments and markers within the Cemetery shall be done by licensed and insured installers subjectto the approval of the cemetery Manager. rn no event shal any monument or marter in thecemetery exceed three (3') feet in height. No curbs, bricks, cinder blocks, decorative stone or copingaround the plot(s) shall be permitted. No enclosures of any type, such as fences, trellises or archesaround a plot or 8roup of plots shall be permitted. tf any owner makes improvements or alterationsthat affea or encroach on plots other than their own, the cemetery Manager may remove or modifythe improvement or arteration at the expense of the owner. upon the effective date of thesePolicies and Procedures, all future monuments and markers shall be located within the confines ofthe purchased Plot(s).
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Packet Pg. 1514 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
8 8 - Benches or other seatinr. owners may prace benches or other forms of seating within theconfines of their Plot(s) provlded that the placement conforms to the size of the plot(s) fJr which it isintended. (Agoin, o singre stondord prot is 4' x g'of gtound spoce; on inlont ptot is 2,g" x 3,9") Thecemetery Manager shall have the authority to remove any benches, or other seating of any kind ornature from the cemetery if the seating encroaches on other Gravesites or when, in the judgment ofthe cemetery Mana8er, the seatinB becomes unsightly, dangerous or encroach on other Gravesites.
8.9 Decoration of Cemeterv plots.
a' The Cemetery ManaSer shall have the authority to remove all artificial floral designs,flowers, wilted florar arrangements, weeds, trees, shrubs, prants or herbage of any kindfrom the cemetery as soon as, in the judgment of the cemetery Managef they become
unsightly, dangerous or diseased, without any advance notice to owner. The cemetery
Manager shall not be responsible for plants or herbage of any kind, or for plantings,
damages caused by the erements, thieves, vandars, or by other causes beyond his/hercontror. The cemetery Managef reserves the right to regurate the method of decoratingplots so that a unlform appearance may be maintained.
b. No trees, prants or shrubs shal be pranted, pruned or removed except with the prior
written approval of the Cemetery Manager or designee.c. The placing of boxes, she s, toys, metar designed ornaments, chairs, grass, wood, or iron
cases, plastic or merar fences or arches, and srmirar articres upon prots shafl not bepermitted. No shepherd's hooks, lit candles, torches, lanterns, lamps, or open flames of any
kind shall be placed on sltes. lf such items are so placed, the cemetery Manager shall have
the right to remove same without advance notice to owner should they, in his/her opinion,
become unsighfly or potentialy dangerous or detrimentar to other cemetery visitors;'d. No potted plants containing soil, Perlite or olher loose materials are permitted in the
cemetery except for the horidays of Easter, Mothe/s Day, Father,s Day, veteran,s Day and
christmas. rn those instances, the potted planrs must be removed within forty-eight 1rg;hours after the hofiday. rf reft there ronger, they may be removed and disposed oI .t th.
discretion of the Cemetery Manager, without advance notice to Owner.e. cemetery Manager may arso remove or change any improvement or arteration by owner, atthe owne/s expense, if at any time in the cemetery Manage/s judgment; they become
unsightly or unsafe; such as rn the case of wirted florar arrangementi or broken grass ar,
near or upon any plot.
8.10 countv's Peroetual care. The county shall endeavor at all trmes to provrde general
maintenance and care to the cemetery. The perpetual care of the cemetery includes the cuiing ofthe grass at reasonabre intervars, maintenance of the common grounds, paths or roadways, and thepruning of shrubs and trees. perpetual care by the county shall in no case mean the .rini"nun"",repair or replacement of any memorial, monument, marker, bench, or other decorations placed orerected in the Cemetery; nor the doin8 of any special or indiyidualized work to any purchased ptot(s)
in the cemetery; nor does it mean the reconstruction of any marbre or granite work for anymemorial, monument or marker which may become damaged by the elements, an act of God,thieves, vandals, or unavoidable accidents, whether the damage be direct or collateral. The county
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Packet Pg. 1515 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
tx.
shall be under no obli8ation to maintain any set standard for such care and upkeep. Notwithstandintthe foreSoing, the county reserves the right to make emergency repairs to any amprovements withinthe Cemetery in its sole discretion.
8.11 Grandfather crause. Any existin8 markers, memorials or monuments in prace prior to theeffective date of these Policies and Procedures may remain in place unless they become'unsightly ordangerous, at which time the Cemetery Manater may remove without advance notice to the Owner,
and they shall not be replaced unless they are in accordance with these policies and procedures.
LIMITATIONS AND RESERVATIO]I Of RIGHTS
9.1 Disclaimer of Liabilitv. The County shall take reasonable precautions to protect Owners and theburial rights of Owners within the Cemetery from loss or damage; but it expressly disclaims liability
for errors in location of burial sites arlsin8 from inaccurate information provided by others, and any
loss or damage from causes beyond its contror, damages caused by the weather, an act of God,
thieves, vandals, intentional malicious action or civil disturbances.
9.2 lnvest tion and Rem ediation.Florida Statute 491.2@, as amended, governs consumer
complalnts for exempt cemeteries.
9.3 Delav of Burials The County shall not be liable for any delay in the interment of a body due to
circumstances beyond its control, including the inability of vault companies or grave diggers to open
a Srave for interment due to soil beinS too wet from heavy rains or any other act of God that might
cause a delay in the burial.
9.4 Rirhts Reserved bv the Countv
a The county reserves and shall have the right to refuse admission to the cemetery at any
time to any person(s) whom the county may deem to be in violation of the provisions of
these regulations and rules of conduct;
The county reserves and sharr have the ritht to enrarge, reduce, reprat, or change the
boundaries or grading of any or all sections of the cemetery incruding the right to modrfu
and change the locations of or remove or re-grade roads, drives, walkways or any part
thereof;
The county reserves and shall have the right to lay, maintain and operate, or alter or change
water lines for irrigation and electrical systems, and reserves an easement along all lot lines
for utility purposes as needed;
The County reserves and shall have the right to use cemetery property not sold to
individual Plot Owners for any other authorhed use deemed necessary by the County;
The county reserves to itsert and to those rawfu[y using the priviretes of the cemetery, aperpetual right of ingress and egress over lots for the purpose of passage to any or from
other Plots;
b
c
d
e
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Packet Pg. 1516 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
f
8.
h
The county reserves and shafl have the right to correct any errors in the description,transfer or conveyance of any interment rights by cancelling such conveyance andsubstitutint and conveying in fieu thereof other interment property of equar varue andsimilar location to the extent possible or as may be selected by the Cemetery Manager, andOwner shall be provlded wlth corrective documentation;
The county reserves and shal have the right to adopt additionar poricies and procedures orto amend, alter or repeal any rure or re6urations estabrished by these poricies & procedures;
and
These Policies and Procedures shall be amended or rescinded only by the authority of the
Board of County Commissioners.
X, EFFECTIVE DATE
These Policies and Procedures willtake effect upon adoption.
€)
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Packet Pg. 1517 Attachment: 2017-17 Reso w-Policies & Procedures (26966 : Repurchase of Santiago Pre-Need Plot)
Euit C taim D ee d Certifrc ate
-t aEe traffor tr Svtem.oria"[ Q ar dens
ffris Euit Chixn Deed Certifuate made this
-
day of- 2023, is made between
Heriberto Santiago, whose mailing address is HC 3 Box 53403, Hatillo, Puerto Rico, 00659-6138, the part ofthe first
pan, and the BoARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, a Political Subdivision ofrhe Srare of
Florida, whose mailing address is 3355 Tamiami Trail East, Suite 101, Naples, Florida 347L2-5746, party of the
second parL
'Wifiussetfi" that the party ofthe first part, for and in consideration ofthe sum of$1.00 and other good and
valuable consideration paid by the party of the second part, receipt of which is hereby acknowledged, hereby grants,
bargains, sells, conveys, and confirms unto the party ofthe second part, for the sole purpose ofburial rights only, the
following described property situated in Collier County, Florida.
Ground Space described as the Soutlr 7/2 of Lot 7 in Block B-38 oflake Trafford
Memorial Gardens, as recorded in Plat Book 8, Pages 32 through 40 and Page 88
ofthe Public Records ofCollier County, Florida.
To have and to hold said property, subject to conditions and limitations set forth in the Policies and Procedures
now in existence, or which may hereafter be adopted by the Board of County Commissioners of Collier County, for
the administration, maintenance, and development ofLake Trafford Memorial Gardens.
The party ofthe first part shall not be liable for loss or damage caused by an act ofGod, common enemy, thieves,
vandals, strikers, malicious mischief makers, unavoidable accidents, riots or order ofany military authority,
In'Winuss'Wfrereof, tnetndersigned has caused these presents to be signed the day and year first above
written.
Witness
Print Name
Witness
Print Name
tloto ry Public Sigooturc
Print N.mc:
Approved as to form and letality:
D Assirtant County
Commission #Erplres: _
cAO
BY:
HERIBERTO SANTIACO
Cor.ataoNwE rl}r of Pufiro Rro
GrY/couirw or _
Theforegolng was 3clnowhdged befgre me by mean3 of o physkalp.esence or o onllne notiriration thls _ day
of
-
2023, by Heriberto gnthto who o ir pe.sonally known to rn€; o ha! produced hi5 current
drtver's licenre; oa produced _as ldaatficltlon
16.F.3.c
Packet Pg. 1518 Attachment: QCD Certificate - CAO approved10112023163940 (26966 : Repurchase of Santiago Pre-Need Plot)