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Backup Documents 02/14/2017 Item #16E9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP' 6E 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office -3.S 5 �--� 7* \ &/ Z.A.16,1 4. BCC Office Board of County . Commissioners \/S Z\Zz\ \ 5. Minutes and Records Clerk of Court's Office -13'm 212530 3: PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff DEBORAH GOODAKER Phone Number 252-8922 Contact/ Department Agenda Date Item was FEBRUARY 14,2017 V-- Agenda Item Number 16E9 lei-- Approved by the BCC Type of Document RESOLUTION Number of Original 1 Attached /1 Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 5? 14KC K11-0- 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the DKG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DKG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 14,2017, and •e • • • _ •• • : •: • • _ : : : • : : •. No Changes Made 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E 9 Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, March 01, 2017 3:56 PM To: 'GoodakerDeborah' Subject: Resolution 2017-17 - Lake Trafford Memorial Gardens Attachments: Resolution 2017-017.pdf Hi Deborah, Attached per your request is a scanned copy of the aforementioned resolution. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 16E 9 r • Memorandum r-, f<OR1o, OI iNf1 TO: Minutes & Records Management FROM: Deborah Goodaker Property Acquisition Specialist4 Real Property Management ".7A,(I DATE: February 23, 2017 G/ RE: Agenda Item 16E9, February 14, 2017 Please process the attached Resolution 2017-17 in your usual manner and provide me with an electronic copy of same. If you have any questions or comments, please feel free to contact me directly. Thank you - Debi Goodaker (x8922) 16E 9 RESOLUTION NO. 2017-17 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. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, 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 of County Commissioners of Collier County, Florida ("Board"), adopted a policy (Resolution 82-105) governing 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 Resolution No. 2010-23, which revised the 1982 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 types of disposition since indigent cremations or burials are currently managed by the Collier County 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 COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 1. All previous policies and procedures or rules and regulations for Lake Trafford Memorial Gardens are hereby revoked 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 operation of Lake Trafford Memorial Gardens. 3. This Resolution is effective upon adoption. This Resolution adopted this 14th day of February,2017,after motion,second,and majority vote. ATTEST`. BOARD OF CS I TY COMMISSIONERS DWIGHT E. BROcK;.( rk COLLIE' 'Y, FLORIDA Attest as to•Chairrnan S , Deputy Clerk PENNY T LOR,Chair Or signature only. Approved as to form and legality: JENNIFER A.BELPEDI/ sistant County Attorney 16E 9 Exhibit "A" LAKE TRAFFORD MEMORIAL GARDENS 1155 Little League Road Immokalee, FL 34142 (Collier County's Public Cemetery) 2017 POLICIES AND PROCEDURES Adopted Pursuant to Resolution No. 17 - / Effective Date: l' 1eG6 ilf , 2017 16E 9 TABLE OF CONTENTS PURPOSE 1 II. ESTABLISHMENT OF 2017 POLICIES AND PROCEDURES, RULES AND REGULATIONS TO GOVERN ADMINISTRATION AND MAINTENANCE OF LAKE TRAFFORD MEMORIAL GARDENS 1 III. ENFORCEMENT OF POLICIES AND PROCEDURES 1 IV. DEFINITIONS 2-3 V. SCOPE OF RESPONSIBILITY 5.1 Responsibilities of Cemetery Manager 4 5.2 Responsibilities of Funeral Director 4 5.3 Maintenance Responsibilities by the County 4 VI. BURIAL SPACES—RIGHTS OF INTERMENT 6.1 Sale of Plots 5 6.2 Deeds Certificates/Deeds of Conveyance 5 6.3 Cost of Plots 5 6.4 Manner of Payment 5 6.5 Repurchase of Sold Plots 6 6.6 Use of Proceeds from Sale of Plots . 6 VII. INTERMENT AND DISINTERMENTS 7.1 Hours for Any Interment/Disinterment Activity 6 7.2 Notice and Application for Reopening, Disinterment, Removal or Reinterment 6 VIII. REGULATIONS&RULES OF CONDUCT 8.1 Cemetery Hours 6 8.2 Decorum 6 8.3 Persons Permitted 7 8.4 Use of Walkways Required 7 8.5 Traffic Regulations 7 8.6 Prohibitions 7 8.7 Identification of Plots 7 8.8 Benches of Other Seating 8 8.9 Decoration of Cemetery Plots 8 8.10 County's Perpetual Care 8-9 8.11 Grandfather Clause 9 IX. LIMITATIONS AND RESERVATIONS OF RIGHTS 9.1 Disclaimer of Liability 9 9.2 Investigation and Remediation 9 9.3 Delay of Burials g 9.4 Rights Reserved by the County 9-10 9.5 X. EFFECTIVE DATE 10 16E LAKE TRAFFORD MEMORIAL GARDENS 2017 POLICIES AND PROCEDURES I. PURPOSE On July 27, 1982, the Board of County Commissioners adopted a policy governing the rights of interment, administration, maintenance and development of Lake Trafford Memorial Gardens; said policy including the disposition of the County's indigent deceased. On December 14, 2010, the Board of County Commissioners adopted a policy governing the operation of Lake 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. II. ESTABLISHMENT OF 2017 POLICIES AND PROCEDURES, RULES AND REGULATIONS TO GOVERN ADMINISTRATION AND MAINTENANCE OF LAKE TRAFFORD MEMORIAL GARDENS Lake Trafford Memorial Gardens, a cemetery acquired and maintained by Collier County for the public benefit under authority of Chapter 63-1243, 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 subject to the following rules and regulations prescribed for the protection of owners' interment rights therein and for the administration, operation, and maintenance of the cemetery. All rules and regulations set forth in the preceding "Operation of Lake Trafford Memorial Gardens Policy", which was put into place by way of Resolution No. 2010-231, are hereby rescinded. III. ENFORCEMENT OF POLICIES AND PROCEDURES The County Manager shall enforce these Policies and Procedures, and any person whose actions are not in compliance with these Policies and Procedures shall be notified by the County Manager or designee(s), verbally or in writing, to remedy non-compliance issues within a timeframe established by the County Manager or designee(s) at the time of notification. 1 0 16E 9 IV. DEFINITIONS For the purpose of these Policies and Procedures, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Casket means a rigid container that is designed for the encasement of human remains and which is usually constructed of wood or metal, ornamented, and lined with fabric. Cemetery means Lake Trafford Memorial Gardens. Cemetery Manager means the County Manager's designee(s) responsible for the operation, general maintenance, and sale of Plots for immediate or pre-need use. County means Collier County, Florida, a political subdivision of the State of Florida. Conveyance, Sale or Transfer means the conveyance of a right to burial in a space and shall not 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 body is 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. Deed means a certificate of ownership or deed executed by the County certifying the conveyance to a purchaser of the right to burial in the identified ground space. Disinterment means the re-opening of a burial site, the removal of a casket or other enclosure containing human remains or cremains from the open site, and the closing of the site. Flagging means the physical identification of a purchased Plot or Gravesite which is due to be opened and closed for any burial. Funeral or Funeral Service 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. Indigent means a deceased who, at the time of death, meets one hundred percent (100%) of the Federal poverty level recognized by the Federal Income Guidelines produced by the United States Department of Health and Human Services. Interment means the opening of a burial site, the placing of a casket or other enclosure containing human remains in the open site, and the closing of the site. 2 16E 9 Legally Authorized Person is as described in Florida Statute 497.005; including but not limited to the person designated by the decedent as authorized to direct disposition, a surviving spouse; a son, daughter, grandchild, or sibling who is 18 years of age or older, a parent, grandparent; or any person in the next degree of kinship. In addition, if no family member, the legal guardian designated personal representative, attorney-in-fact, health surrogate, or public health officer or administrator acting under Part II of Chapter 406. See F.S. 497.005(43) for all-inclusive definition. Marker or Temporary 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 of identification, or in memory of the 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 identify the Plot 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 original 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 location within the Cemetery. Staff means the County Manager's staff designated to perform sales of Plots or Gravesites for immediate or Pre-Need use by the purchaser/owner. Urn means a receptacle designed to permanently encase cremated remains or cremains. Vault means an underground container into which as casket is encased. 3 0 16E 9 V. SCOPE OF RESPONSIBILITY To ensure compliance with these Policies and Procedures, responsibilities of the Cemetery Manager,the Funeral Director, and the County's maintenance obligations are outlined below. 5.1 Responsibilities of Cemetery Manager. a. Conveyance, Sale or Transfer of burial rights at the Cemetery; b. Preparation and storage of documents for the conveyance, sale or transfer of burial rights; c. Collection of payments for such conveyance, sale or transfer and transmittal of funds to the Clerk of the Circuit Court Finance Department; d. Flagging or causing to be flagged, the correct Plot to be opened for any given burial; e. Preparation of and recording of Deed Certificates for each Cemetery Plot; f. Any administrative duties related to disinterment of human remains at the Cemetery; and g. General maintenance of the Cemetery grounds. 5.2 Responsibilities of Funeral Director. a. 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; b. The Funeral Director is required to provide a concrete grave liner or vault for all burials; c. 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 burial services in accordance with the applicable Florida Statutes, as well as these Policies and Procedures; d. The Funeral Director, his/her representatives, and aides 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 Director's staff shall be in attendance as a witness during interment of the deceased's remains; e. Once a casket containing a body is transported into the Cemetery, the Funeral Director or his embalmer, assistant, or agent, is prohibited from opening the casket without the consent of a Legally Authorized Person for the deceased, a court order or valid permit; f. 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 g. No Funeral Director shall use any Plot without prior consent of the Cemetery Manager. 5.3 Maintenance Responsibilities by the County. 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. 4 I�O 16E 9 VI. BURIAL SPACES— RIGHTS OF INTERMENT 6.1. Sale of Plots. Purchase of Plots shall be from Collier County only. (The size of a single standard plot is 4'x 9'of ground space; and an infant plot is 2'8"x 3'9"). No sales shall be made other than to natural persons, except to Funeral Directors for immediate use or Pre-Need use. No resale of Plots shall be permitted, except that the County may repurchase by quit claim deed any unused Plot upon request from the Owner for the original price, less recording or doc stamp fees. No Plot Owner shall accept payment for the use of his/her Plot. No single buyer shall be permitted to purchase lots in number beyond his/her reasonable anticipated requirements as determined by the Cemetery Manager. These provisions are expressly intended for the prevention of any speculation in interment rights. 6.2 Deed Certificates/Deeds of Conveyance. a. Cemetery Plots may be requested and purchased during the County's regular office hours, Monday through Friday (excluding County-observed holidays), through the Cemetery Manager or designee(s), either by phone, email or facsimile; or in person at the Cemetery Manager's physical office location. Plots may be purchased directly by a decedent's family or other representative, by a Funeral Director on behalf of a decedent or the family for immediate use, or by any individual on a Pre-Need basis; b. A Request for Interment form will be provided by Cemetery Manager or designee(s) which must be completed by the Purchaser and returned to Cemetery Manager for issuance of the Plot number. At the same time, an invoice will also be issued to the Purchaser and is payable upon receipt, but in no event, later than 30 days from the date of invoice; c. At his/her option, Cemetery Manager shall reserve the right to require payment in full by any purchaser prior to issuing a Plot; d. In the case of a Pre-Need request, the person wishing to make such purchase will be provided with a Request for Pre-Need Burial Plot form and payment must be made upon issuance of the Plot; e. No deed of conveyance shall be executed and/or recorded by the County before the cost of the Plot has been paid in full. No time payments or partial payments will be accepted; and f. Cemetery Manager or designee(s) will prepare, process and record the Deed Certificate with the Clerk of Court whereupon an electronic copy will be available at any time after recording. All Deeds of Conveyance are hereby declared to incorporate and shall be subject to all policies, procedures, rules, regulations and conditions in place at the time of interment. 6.3 Cost of Plots. The cost of Plots will not increase more than 10% per year, at the discretion of the BCC. Associated documentary stamps and recording fees may also increase. Current rates will always be provided at the time of purchase or are available upon request. 6.4 Manner of Payment. Full payment for Plots shall be made in cash or by check. 5 '�O 16E 9 6.5 Repurchase of Sold Plots. 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. 6.6 Use of Proceeds from Sale of Gravesites. Proceeds from the sale of Gravesites shall be used for administration and general maintenance of the Cemetery. VII. INTERMENTS AND DISINTERMENTS 7.1 Hours for Any Interment/Disinterment Activity. Interments and Disinterments shall be made between the hours of 9:00 am and 4:00 pm, any day of the week as agreed upon and arranged for by the Funeral Director or other legally permitted/court ordered professional. 7.2 Notice and Application for Reopening, Disinterment, Removal or Reinterment. a. Requests for any reopening, disinterment, removal or reinterment of human remains or cremains shall be submitted to the Cemetery Manager. At least 5 business days' notice must be given, unless in the case of emergency court order; b. The reopening, disinterment, removal or reinterment of human remains or cremains shall require the physical presence of a Funeral Director and his/her assistants or designees, and verbal or written advance notice to the Cemetery Manager or his/her designee shall be made. The Funeral Director shall obtain written, notarized authorization from a Legally Authorized Person prior to the disinterment and reinterment of human remains or cremains, except in the case of a court order; and c. Any reopening, disinterment, removal or reinterment shall be performed in accordance with all applicable Florida Statutes. VIII. REGULATIONS& RULES OF CONDUCT 8.1 Cemetery Hours. The Cemetery gates shall be open to vehicular traffic during daylight hours only. No one is permitted in the Cemetery (whether on foot, bicycle or in a motor vehicle) from sun down to sun up. 8.2 Decorum. Strict decorum shall be observed at all times within the Cemetery, whether set forth in these regulations and rules or not. At the discretion of the Cemetery Manager, any activities within the confines of the Cemetery which are conducted in disregard of its solemnity, including but not limited to loitering, drunkenness, hunting, picnics, or the disposition of trash or litter thereon, are strictly prohibited. Offenders shall be evicted from the premises and may be subject to prosecution. 6 16E 9 8.3 Persons Permitted. Children under 16 years of age shall not be permitted within the Cemetery unless accompanied by a parent or legal guardian. 8.4 Use of Walkways Required. Persons within the Cemetery shall use the existing walkways and roads. 8.5 Traffic Regulations. No person shall drive any motor vehicle within the Cemetery at a speed greater than is reasonable in light of any activity then occurring within the Cemetery and no motor vehicles shall be operated at a speed greater than ten miles per hour, in a counter-clockwise direction. All motor vehicles shall at all times remain on the paved portions of the roadway. No motor vehicles shall be parked or driven on or upon any pedestrian paths, walkways or unpaved areas adjacent to any open grave, except when in attendance for the services in connection therewith. However, a funeral hearse or other casket transport vehicle may drive onto the grass. 8.6 Prohibitions. a. Littering — Littering is expressly prohibited anywhere within the Cemetery. There are trash cans provided for the purpose of discarding wilted real flowers and floral arrangements, 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 shall be allowed in the Cemetery unless placed by the County. d. Pets - No pets shall be allowed on the Cemetery grounds unless on a leash and under the express control of its owner. Owner is responsible for cleaning up after their pets. e. Placement of National Flags—As this is an American cemetery, one County-issued American flag shall be flown and properly lighted in the Veteran's Section of the Cemetery. Accordingly, no other flag or flag pole exceeding three (3') feet in height shall be placed by or on any Plot. The Cemetery Manager may remove any non-conforming flags with or without notice. 8.7 Identification 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 subject to the approval of the Cemetery Manager. In no event shall any monument or marker in the Cemetery exceed three (3') feet in height. No curbs, bricks, cinder blocks, decorative stone or coping around the plot(s) shall be permitted. No enclosures of any type, such as fences, trellises or arches around a plot or group of plots shall be permitted. If any Owner makes improvements or alterations that affect or encroach on plots other than their own, the Cemetery Manager may remove or modify the improvement or alteration at the expense of the Owner. Upon the effective date of these Policies and Procedures, all future monuments and markers shall be located within the confines of the purchased Plot(s). 7 16E 9 8.8 Benches or Other Seating. Owners may place benches or other forms of seating within the confines of their Plot(s) provided that the placement conforms to the size of the plot(s) for which it is intended. (Again, a single standard plot is 4' x 9'of ground space; an infant plot is 2'8"x 3'9") The Cemetery Manager shall have the authority to remove any benches, or other seating of any kind or nature from the Cemetery if the seating encroaches on other Gravesites or when, in the judgment of the Cemetery Manager,the seating becomes unsightly, dangerous or encroach on other Gravesites. 8.9 Decoration of Cemetery Plots. a. The Cemetery Manager shall have the authority to remove all artificial floral designs, flowers, wilted floral arrangements, weeds, trees, shrubs, plants or herbage of any kind from the Cemetery as soon as, in the judgment of the Cemetery Manager, 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 elements, thieves, vandals, or by other causes beyond his/her control. The Cemetery Manager reserves the right to regulate the method of decorating plots so that a uniform appearance may be maintained. b. No trees, plants or shrubs shall be planted, pruned or removed except with the prior written approval of the Cemetery Manager or designee. c. The placing of boxes, shells, toys, metal designed ornaments, chairs, glass, wood, or iron cases, plastic or metal fences or arches, and similar articles upon plots shall not be permitted. No shepherd's hooks, lit candles, torches, lanterns, lamps, or open flames of any kind shall be placed on sites. If 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 unsightly or potentially dangerous or detrimental to other Cemetery visitors; d. No potted plants containing soil, Perlite or other loose materials are permitted in the Cemetery except for the holidays of Easter, Mother's Day, Father's Day, Veteran's Day and Christmas. In those instances, the potted plants must be removed within forty-eight (48) hours after the holiday. If left there longer, they may be removed and disposed of at the discretion of the Cemetery Manager, without advance notice to Owner. e. Cemetery Manager may also remove or change any improvement or alteration by Owner, at the Owner's expense, if at any time in the Cemetery Manager's judgment; they become unsightly or unsafe; such as in the case of wilted floral arrangements or broken glass at, near or upon any Plot. 8.10 County's Perpetual Care. The County shall endeavor at all times to provide general maintenance and care to the Cemetery. The perpetual care of the Cemetery includes the cutting of the grass at reasonable intervals, maintenance of the common grounds, paths or roadways, and the pruning of shrubs and trees. Perpetual care by the County shall in no case mean the maintenance, repair or replacement of any memorial, monument, marker, bench, or other decorations placed or erected in the Cemetery; nor the doing of any special or individualized work to any purchased Plot(s) in the Cemetery; nor does it mean the reconstruction of any marble or granite work for any memorial, 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 8 16E 9 shall be under no obligation to maintain any set standard for such care and upkeep. Notwithstanding the foregoing, the County reserves the right to make emergency repairs to any improvements within the Cemetery in its sole discretion. 8.11 Grandfather Clause. Any existing markers, memorials or monuments in place prior to the effective date of these Policies and Procedures may remain in place unless they become unsightly or dangerous, at which time the Cemetery Manager may remove without advance notice to the Owner, and they shall not be replaced unless they are in accordance with these Policies and Procedures. IX. LIMITATIONS AND RESERVATION OF RIGHTS 9.1 Disclaimer of Liability. The County shall take reasonable precautions to protect Owners and the burial rights of Owners within the Cemetery from loss or damage; but it expressly disclaims liability for errors in location of burial sites arising from inaccurate information provided by others, and any loss or damage from causes beyond its control, damages caused by the weather, an act of God, thieves,vandals, intentional malicious action or civil disturbances. 9.2 Investigation and Remediation. Florida Statute 497.260, as amended, governs consumer complaints for exempt cemeteries. 9.3 Delay 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 grave for interment due to soil being too wet from heavy rains or any other act of God that might cause a delay in the burial. 9.4 Rights Reserved by the County. 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; b. The County reserves and shall have the right to enlarge, reduce, replat, or change the boundaries or grading of any or all sections of the Cemetery including the right to modify and change the locations of or remove or re-grade roads, drives, walkways or any part thereof; c. 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; d. The County reserves and shall have the right to use Cemetery property not sold to individual Plot Owners for any other authorized use deemed necessary by the County; e. The County reserves to itself, and to those lawfully using the privileges of the Cemetery, a perpetual right of ingress and egress over lots for the purpose of passage to any or from other Plots; 9 16E 9 f. The County reserves and shall have the right to correct any errors in the description, transfer or conveyance of any interment rights by cancelling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location to the extent possible or as may be selected by the Cemetery Manager, and Owner shall be provided with corrective documentation; g. The County reserves and shall have the right to adopt additional Policies and Procedures or to amend, alter or repeal any rule or regulations established by these Policies & Procedures; and h. 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 will take effect upon adoption. 10 0