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A treasured part of Joshua One Nine, LLC | Revised | February 1, 2017 Sikeston Memorial Park POLICIES, SPECIFICATIONS, AND RESTRICTIONS

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Page 1: Sikeston Memorial Parksikestoncemeteries.memorial/.../uploads/2015/10/SMP … · Web view2017/02/01  · Sikeston Memorial Park policies, specifications, and restrictions Sikeston

A treasured part of Joshua One Nine, LLC | Revised | February 1, 2017

Sikeston Memorial ParkPOLICIES, SPECIFICATIONS, AND RESTRICTIONS

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ContentsPurpose.......................................................................................................................1

Definitions...................................................................................................................1

Floral Decoration Policy..............................................................................................3

Other Decorations Policy.............................................................................................3

Bench Memorials.........................................................................................................4

Bronze on Granite Memorial Specifications................................................................5

Granite Upright Memorial Specifications....................................................................6

Outer Burial Container Specifications.........................................................................6

Producers and Retail Dealers......................................................................................8

Installation Policies.....................................................................................................9

Mausoleum Policies...................................................................................................10

Columbarium Policies................................................................................................10

Memorial Type allowed by Garden............................................................................10

Modifications and Amendments................................................................................11

The following Policies, Specifications, and Restrictions have been adopted for the

mutual protection of owners of Interment Rights in the Cemetery, visitors and Cemetery

employees. All owners of Interment Rights and other persons within the Cemetery, and all

Interment Rights sold therein, shall be subject to these Policies, Specifications, and

Restrictions as they now exist and as they may reasonably be amended or altered hereafter

by the Cemetery. Any reference to these Policies, Specifications, and Restrictions in any

purchase agreement entered into by the Cemetery, or in any Certificate of Interment Rights

issued by the Cemetery, shall have the same force and effect as if these Policies,

Specifications, and Restrictions were set forth in full therein.

The Cemetery expressly reserves the right, at any time, at its sole discretion

and without prior notice to any Owners, to adopt new Policies, Specifications, and Restrictions

or to amend, modify, or repeal any section, paragraph, or sentence of these Policies,

Specifications, and Restrictions.

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PurposeThese Policies, Specifications, and Restrictions are designed for the mutual protection of the Owners of Interment Rights within the Cemetery, visitors and Cemetery employees. Their enforcement will help protect the Cemetery and create and preserve its beauty. These Policies, Specifications, and Restrictions have been adopted as the Policies, Specifications, and Restrictions of the Cemetery, and all Owners of Interment Rights, visitors, and persons performing work within the Cemetery shall be subject to these Policies, Specifications, and Restrictions, and all amendments or modifications hereto, as shall be adopted by the Cemetery from time to time.

Definitions1. The term “authorized agent” shall mean the individual or individuals authorized by the applicable state law to make decisions related to the final disposition of the deceased.

2. The term "Care and Maintenance Trust Fund" shall mean the trust fund established by the Cemetery for the purpose of care and maintenance of the Cemetery grounds and improvements thereon.

3. The term "Cemetery" shall mean that cemetery named on the cover page of these Policies, Specifications, and Restrictions.

4. The term "Certificate of Interment Rights" shall mean the document by which the Cemetery conveys to the Owner the exclusive right of sepulture in a particular grave, lawn crypt, crypt or niche.

5. The term "contractor" shall mean any person, firm or corporation who has been authorized by Cemetery management and is engaged in setting any vault or memorial, or performing any other work on the Cemetery grounds, other than an employee of the Cemetery.

6. The term "crypt" means a space in a mausoleum of sufficient size used, or intended to be used, to entomb human remains.

7. The term "entombment" means the placement of human remains in a crypt.

8. The term "grave" means a space of ground in the Cemetery used, or intended to be used, for the interment of human remains.

9. The term "interment" means the disposition of human remains by burial, entombment, or inurnment.

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10. The term "Interment Right" shall mean the particular right to inter the remains of a deceased person in a specific interment space within the Cemetery, subject to the limitations set forth herein.

11. The term "interment services" shall refer to the opening and closing of a particular interment space as well as the necessary preparation directly related to the opening and closing.

12. The term "interment space" shall refer to the particular grave, crypt, niche or lawn crypt within the Cemetery to which a particular Interment Right relates. An Owner of an Interment Right does not, by virtue of such ownership, acquire ownership of the interment space or of any land or improvements within the Cemetery.

13. The term "inurnment" means placement of cremated human remains into an interment space.

14. The term "lawn crypt" means preplaced, below ground, chambers, either side-by-side or multiple depth, covered by earth and sod.

15. The term "memorial" shall mean (a) a monument, tombstone, grave marker, tablet or headstone identifying a grave or graves; or (b) a nameplate or inscription identifying a crypt or niche.

16. The term "niche" means a space used, or intended to be used, for the placement of cremated human remains.

17. The term "outer burial container" shall refer to the rigid outer container used to surround a casket or a cremated remains container, and shall include the products commonly known as vaults and grave liners.

18. The term "Owner" shall mean the owner of an Interment Right or Rights within the Cemetery, as reflected in the Cemetery's records.

19. The term "plot" means space in the Cemetery used, or intended to be used, for the interment of human remains. The term includes and applies to one or more adjoining graves, crypts or niches.

20. The term "Purchase Agreement" shall mean that written contract between the Cemetery and a purchaser pursuant to which the Cemetery agrees to sell and the purchaser agrees to buy Interment Rights in the Cemetery, merchandise or services.

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Floral Decoration Policy21. Floral decorations may be placed in memorial vases at any time.

22. Other reasonable floral decorations may be placed at interment spaces from December 1st to January 31st.

23. All floral decorations not in vases will be picked up beginning February 1st in preparation for mowing season.

24. No floral decorations are allowed out of vases during mowing season, except for the following approved holidays. These special arrangements will be allowed for fourteen days following the holiday.

Easter; Mother’s Day; Memorial Day; Father’s Day

25. Floral decorations out of vases during mowing season may be placed for thirty days for special occasions by obtaining a tag from the Cemetery Office. The decoration tag will show the placement and removal date.

26. Casket sprays and floral arrangements placed at the time of interment are removed approximately two weeks following the service.

27. The Cemetery is not responsible for any missing, lost, or damaged arrangements or floral decorations.

28. The Cemetery reserves the right to remove any floral decoration when they become withered, faded, unsightly, etc. or for any other reason when removal is deemed in the best interest of the Cemetery. This includes removal of any objectionable thing or anything that may have been placed that do not conform to the Cemetery regulations.

Other Decorations Policy29. The digging of holes for any purpose whatsoever is strictly prohibited.

30. All work and all planting of any kind is strictly forbidden within the Cemetery, without prior permission from Cemetery management.

31. No glass, ceramic, porcelain, wooden, or metal objects are allowed as decorations on interment spaces except as outlined in section 34 of this document.

32. No landscaping objects or garden stones allowed on interment spaces.

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33. No shepherd hooks, rods, or stakes are allowed on interments spaces except as outlined in section 34 of this document.

34. Shepherd hooks, wire stands, and rods used to support wreaths or other reasonable decorations may be placed at interment spaces from December 1st to January 31st. They must be removed by the owners before February 1st or they will be disposed of by the Cemetery.

35. No enclosure of any kind, including but not limited to fencing, coping, hedges or ditches shall be permitted around any interment space or lot. Grave mounds will not be allowed and no lot shall be raised above the established grade.

Bench Memorials36. Two varieties of Bench Memorials are allowed. Benches on interment spaces are allowed in gardens with upright memorials in lieu of a memorial as specified in section 37 of this document. Other benches are allowed in designated areas only, as specified in section 38 or 39 of this document. Installation of Bench Memorials must be performed by the Cemetery or authorized contractors as outlined in the Cemetery Rules and Regulations. The owner of the Bench Memorial accepts and authorizes any visitor to the Cemetery to utilize the bench during their visit.

37. Bench Memorials placed on interment spaces must have a solid concrete or granite foundation four inches thick, extending at least two inches beyond the perimeter of the bench’s largest dimensions, and foundations will be set level with the grade when possible. They must conform to the general style and aesthetics of surrounding memorials as determined by the Cemetery.

The bench must not have a back.

The seat of the bench must be at least 30” in length by 14” in width by 4” thick.

When the Bench Memorial has a single support, the support must be at least 30” in length by 8” thick at its base and provide a seat height of approximately 18” above grade.

Benches with multiple supports must have supports that are at least 9” in length by 9” thick each at their base and provide a seat height of approximately 18” above grade.

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38. Bench Memorials placed in the designated areas of the Cemetery that do not have a back must use the same dimensions for Bench Memorials placed on interment spaces, as outlined in section 37 of this document.

39. Bench Memorials placed in the designated areas of the Cemetery that have a backrest must be similar in style to a traditional park bench, be made of solid granite construction, fit with the aesthetics of the surrounding area as determined by the Cemetery, and have a solid concrete or granite foundation level at grade and extending four inches thick below grade, extending at least two inches beyond the perimeter of the bench’s largest dimensions.

The back of the bench must be at least 40” in length by 12” in height by 2” thick.

The seat of the bench must be at least 40” in length by 14” in width by 2” thick.

The supports must be sufficient to support and secure the back, seat, and occupants of the bench as determined by the Cemetery.

40. The Cemetery considers a Bench Memorial a memorial as outlined in the definitions of the rules and regulations. By placing the Bench Memorial in the cemetery, the owner agrees to allow visitors to the cemetery to use the Bench Memorial as a bench during their visit.

41. Dealer’s names shall not appear on any Bench Memorial.

Bronze on Granite Memorial Specifications41. All bronze memorials must consist of bronze alloy consisting of not less than 86% copper; not less than 5% tin; not more than 2% lead; not more than 5% zinc; and all other elements in total not to exceed 1%. Any alternative products are not allowed.

42. The granite base for bronze on granite memorial must have a border beyond the dimensions of the bronze of at least two to four inches. The base must be at least four inches thick. All granite bases will be set level with the grade.

43. No foundations, gravel, rocks, or chat is permitted under granite base.

44. Memorials must be of professional construction and grade as determined by the Cemetery. Memorials shall be free from scale, sand holes, pits, pinholes and other imperfections, which mark the appearance of or impair the usefulness and stability of the finished memorial tablet. All

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ornaments, letters and background shall be clean and sharp and all edges true and accurate to the standard dimensions defined herein. Ornaments and letters must be tooled and burnished appropriately for a memorial tablet. They must conform to the general style and aesthetics of surrounding memorials as determined by the Cemetery.

45. No part of the base or memorial may be placed within three inches of the border of the interment space.

46. Dealer’s names shall not appear on any memorial.

Granite Upright Memorial Specifications47. All upright memorials must be of granite construction. Granite memorials must consist of good, sound, durable stock and shall be free from seams or any imperfections. All granite memorial markers (not bases) must be a minimum of 4” in thickness, with granite markers five feet or longer being a minimum of 6” in thickness.

48. Upright memorials must be installed on a concrete foundation. The foundation must have a border beyond the dimensions of the granite base of at least two to four inches. The foundation must be of sufficient thickness to support the weight of the memorial, but not less than three inches thick, as determined by the cemetery. All foundations will be set level with the grade when possible.

49. No gravel, rocks, or chat is permitted under the foundation.

50. Memorials must be of professional construction and grade as determined by the Cemetery. No memorial showing drill or tool marks, or staining from removal of rubber mat used for sand engraving, shall be considered as first grade workmanship. They must conform to the general style and aesthetics of surrounding memorials as determined by the Cemetery.

51. No part of the foundation, base, or memorial may be placed within three inches of the border of the interment space.

52. Dealer’s names shall not appear on any memorial.

Outer Burial Container Specifications53. All burials must be made in a two (2) piece concrete or steel box or vault that is not hinged of type, quality, and construction approved by the management. The use of wooden boxes and sectional boxes shall not be

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permitted. All boxes and vaults sold by anyone other than the management shall be placed and serviced with the direction of the management or a licensee, which installation shall be supervised by management. However, the management assumes no liability in the placement or handling of such boxes or vaults. All cremated remains of human bodies shall be buried in a permanent, retrievable container. Inurnment or entombment shall be in a container approved by the management.

54. STRUCTURAL DESIGN AND STRENGTH

1. The container must test favorably at a strength level sufficient to withstand a static uniform load of 4,000 pounds per square foot, applied to the top surface. Such load may not produce a deflection of more than ½” on the top surface, nor more than 3/8” on the side walls.

2. There are no specific standards on weight; however design shall incorporate the necessary structural strength at the minimum achievable weight, and the container shall be reasonably imperious to puncturing by the backhoe or other equipment, and shall be of such weight as to avoid buoyancy in the grave space due to water-filled voids.

3. Design contours require that the maximum perimeter dimension be at the bottom of the container so as to preclude any problems of voids in the back filling of the grave.

55. B. DIMENSIONS

1. Outside dimensions should not exceed 94 ½” in length and 34 ½” in width for 36” graves and 38 ½” in width for 40” graves for the regular manufacturing standard. Height should provide a 26” inside clearance but limited to the least possible exterior height to achieve this. Unnecessarily high containers require excavation to a greater depth and the potential of increasing the costs of interment to the user.

2. Outer container wall thickness shall be the minimum possible, consonant with the strength requirements previously stated. The outer dimensions of the container are limited to the dimensions stated above, and the inner dimensions shall be sufficient to permit use of practically all caskets. 19

3. Special sizes are necessary from time to time, either to accommodate a very narrow excavation, or to accommodate a singularly oversized burial. In these cases all other standards but dimensions shall apply.

56. MATERIAL

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1. Material used in the construction of a burial container must be impervious to the destructive action of the natural elements contained in the soil which can range from extreme acidic to extreme alkaline conditions. Accelerated tests, designed to simulate fifty years of earthen burial are acceptable in determining the capacity of various materials to withstand solid conditions. The tests must be conducted by a recognized independent testing laboratory, with a copy of the test results provided to management.

2. Approved outer containers of reinforced concrete do not require time acceleration tests since long and extensive experience have provided direct operational data. New concrete containers submitted for approval must simply meet the following standards drawn from this experience.

3. Portland Cement Concrete used in outer containers must meet American Concrete Institute standards for reinforced concrete and shall also meet such standards for concrete curing.

4. Plastic or fiberglass materials are not approved unless such materials meet the static load standard and withstand puncturing or damage from a backhoe or other equipment used in the interment process, and such materials are of such density to prevent movement within the grave space due to buoyancy from water-filled voids. Any such containers shall be tested by the cemetery, and approved by the management, in writing, as a condition precedent to use.

Producers and Retail Dealers57. Producers of granite materials, meaning thereby granite quarries, granite quarries who also manufacture memorials, and manufacturers of memorials not quarries, in order to secure the approval of the cemetery must agree to sell only first grade, clear granite for memorial purposes, and must be willing to guarantee that such granite is free from sap or anything which will cause rust stains, that it will not check or crack, and agree that should such faults develop within five years from date of setting, the memorial will be replaced without cost to the cemetery, or lot owner, by such quarrier so manufacturing such memorial, or to the manufacturer thereof who will look to his quarrier for adjustment on material, such adjustment not to delay the replacement of the memorial in the cemetery.

58. Retail dealers to secure approval of the management must agree to use only first grade granite and must guarantee the memorial to be executed in first grade workmanship, with the agreement that should faults develop within five years due to the setting, treatment or handling of the same by the memorial dealer, such memorial will be replaced by such memorial dealer without cost to the cemetery or lot owner.

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59. Letter cutters, persons or firms who engage in the business of cleaning memorials (not connected with established retail dealers already doing business at the cemetery), and all other persons or firms, must provide satisfactory evidence to the management of their ability to properly perform the work for which they have been engaged before being allowed to commence work in the cemetery. In addition, these persons or firms shall provide to the management of the cemetery proof of general liability, worker’s compensation, and products liability insurance satisfactory to the management. Said insurance certification shall provide that the insurance carrier must give thirty (30) days written notice to the management in the event the insurance is canceled.

60. Persons engaged in erecting memorials, or other structures, are prohibited from attaching ropes to monuments, trees, shrubs, or from scattering their material over adjoining lots, or from blocking streets, avenues, or pathways, or from leaving their material on the grounds longer than is absolutely necessary. They must do as little injury to the grass, trees and shrubs as possible, and must remove all debris and restore the ground and sod to its original condition.

61. Damage done to lots, walks, drives, tree, shrubs or other property by dealers or contractors, or their agents, shall be repaired by the management and the cost of such repair shall be charged to the dealers or contractor.

62. No materials, equipment, machinery, or other things for the setting of memorials may be brought into the cemetery until required for immediate use; nor, when a funeral procession or funeral is in that part of the cemetery.

63. While a funeral or interment is being conducted nearby, all work of any description shall cease.

64. Approaching the bereaved and soliciting memorial business within the cemetery is not permitted.

Installation Policies65. For the protection of all lot owners, the granite quality, size, finish, color and engraving of all memorials must be approved by the management before any work is commenced. All memorials must conform to the specifications of the particular section where it is to be installed. Any proposed memorial that management deems to be detrimental to the appearance, uniformity, or safety of the section will not be permitted; however, recommendations will be made as to necessary changes that would then conform to the regulations. Memorial restrictions for each section are

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shown in sections 74 and 75 of this document, and no deviation therefrom will be authorized without the explicit approval of management of the cemetery.

66. Before any person, other than cemetery personnel, does any work on any marker or lot, authorization shall be obtained from the cemetery office. No memorial shall be installed without this authorization. In every case the charges due the cemetery shall be paid in advance or arrangements satisfactory to the management are made concerning payment, including, but not limited to, any other outstanding charges on that particular lot, space, crypt, or niche.

67. Any recognized monument dealer may be approved by the management to enter on any section, lot, or space for the purpose of installation of memorials. In addition, the monument dealer shall provide to the management of the cemetery proof of general liability, worker’s compensation and products liability insurance satisfactory to the management. Said insurance certification shall provide that the insurance carrier must give thirty (30) days written notice to the management in the event the insurance is canceled by the monument dealer.

68. Memorials shall be installed at such times as the management may permit, dependent upon committal services and the maintenance activities of the cemetery. No memorial installation shall take place in areas where interments are scheduled for that day, until such time as the interments are completed.

69. Any monument dealer performing installations of memorials shall insure that the cemetery grounds are not injured by the installation, and that all excess materials, rubbish, and other waste is cleaned up and removed from the premises, and that the grass, or other ground cover is restored; and to insure that the memorial was not damaged in installation. Upon inspection by the management of the cemetery, any damage to the grounds of the cemetery must be corrected and the grounds restored. In the event this is not done to satisfaction, the management shall do whatever necessary to restore the cemetery premises to their condition prior to installation, and shall charge back against the monument dealer the costs of correctional restoration. Any balances owed to the management of the cemetery by the monument dealer shall be remitted within thirty (30) days of receipt of the itemized statement, or the management shall prohibit the memorial dealer access to the cemetery until such time as the balance is paid in full.

70. Memorial installation requires experience and often times special equipment. No person, firm or corporation, other than recognized and

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approved monument dealers or management shall be permitted to install memorials in the cemetery.

71. Any monument dealer who refuses or fails to comply with these Rules and Regulations shall not be given the privilege to enter on the cemetery grounds for installation purposes until compliance is effected.

Mausoleum Policies72. This section reserved for future use.

Columbarium Policies73. This section reserved for future use.

Memorial Type allowed by Garden74. Gardens in which Bronze on Granite Memorials may be placed:

All

75. Gardens in which Granite Upright Memorials may be placed:

Section One; Section Two; Section Three; Traditional West

Modifications and Amendments76. The Cemetery hereby reserves the right, at any time or times, with or without notice to Owners, to adopt new Policies, Specifications, and Restrictions, or to amend, alter and/or repeal same at any time. A copy of the Policies, Specifications, and Restrictions, and any amendments thereto, shall be made available for inspection upon request at the Cemetery office.

77. Circumstances may arise in which the literal enforcement of the Policies, Specifications, and Restrictions may impose unnecessary hardship. The Cemetery, therefore, reserves the right, without notice, to make exceptions, suspensions, or modifications in any of the Policies, Specifications, and Restrictions when, in its judgment, the same appear advisable. Any such temporary exceptions, suspension or modifications shall in no way be construed as affecting the general application of these Policies, Specifications, and Restrictions.

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