INTERMENT | Good Shepherd Garden

SAMPLE AGREEMENT

PURCHASE AND SALE OF RIGHT OF INTERMENT

THIS AGREEMENT is entered into on the purchase date by and between the GOOD SHEPHERD CATHOLIC PARISH OF VISALIA, CALIFORNIA (hereinafter referred to as “SELLER”) and Purchaser(s) whose address is address (hereinafter referred to as ‘buyer’)

The parties hereto agree as follows:

1. Purchase of Right Of Interment In Niche of Columbarium. BUYER hereby agrees to purchase from SELLER and SELLER hereby agrees to sell to BUYER the exclusive right of use for the interment of the cremated remains of two deceased human beings in the following specified niche as per the Columbarium map on file in the office of SELLER.

[NICHE DESCRIPTION | LOCATION]
located at:
Saint Charles Borromeo Catholic Church Columbarium
5049 W. Caldwell Avenue
Visalia, California, 93277.

2. No Rights To Real Property Or Personal Property. With the sole exception of the right of use of the specified niche for the interment of the cremated remains of two human beings, BUYER does not obtain any rights whatsoever to any real property or personal property of the SELLER. Except as set forth in the separate Rules And Regulations referred to in Paragraph 5 of this Agreement, SELLER shall assume the obligation to maintain the specified niche and the Columbarium in good condition.

3. Purchase Price And Payment Thereof. BUYER shall pay to SELLER the total purchase price of PRICE Dollars, in full, no later than the earliest of the following dates: (a) Ten (10) days after the execution of this Agreement by the parties hereto; or (b) Ten days prior to the interment of any cremated remains of a human being in the specified niche. SELLER will not finance any portion of the purchase price and will not accept any periodic payments after the due date. Failure to pay the full purchase price when due will, at the sole and exclusive option of the SELLER, render this Agreement null and void and, in that event, all monies paid to SELLER shall be returned to BUYER.

4. Certificate Of Right Of Interment. Upon the payment of the purchase price in full and acceptance of payment by the duly authorized representative of the SELLER, the SELLER shall issue a Certificate Of Right To Interment to the following person or persons, who are hereby designated herein by the BUYER:

Name & Address Of Holder Of Certificate
Phone Number
(Hereinafter referred to as “the HOLDER”).

The HOLDER will be entitled to inter the cremated remains of a total of two human beings only in the specified niche in accordance with the terms of this Agreement, provided that the HOLDER or the HOLDER’s legal representative provides to SELLER a burial permit from the proper governmental authority and such other documents as the SELLER, in its sole discretion, may require.

5. Restrictions On The Exercise Of The Right Of Interment. This Agreement and the Certificate Of Right Of Interment shall be subject to such terms and restrictions as the SELLER shall determine in its sole reasonable discretion now or in the future in order to make sure that the Columbarium is maintained in good and reverent condition in coordination with all other activities and functions conducted on the church site, and further, to make sure that the operation and maintenance of the Columbarium remains faithful to the teachings and traditions of the Roman Catholic Church. The SELLER has adopted its Rules And Regulations Concerning Columbarium which are specifically referred to herein and thereby specifically incorporated herein as if set forth at length. SELLER shall have the sole and exclusive right to make changes to the Rules And Regulations Concerning Columbarium with no obligation to BUYER or to the HOLDER to advise them of any amendments, alterations, or adoption of any changes thereto. A copy of the Rules And Regulations Concerning Columbarium are available to the BUYER and to the HOLDER at the Office of the GOOD SHEPHERD CATHOLIC PARISH located at 506 North Garden Street Visalia, California. The Rules And Regulations include, but are not limited to, the following requirements and restrictions.

(a) Only the cremated remains of a total of two human beings may be interred in the specified niche.

(b) The cremated remains must be presented for interment in an urn of reverent and appropriate material, design and dimension obtained from a vendor approved by SELLER and consistent with the dignity afforded by the Roman Catholic Church to the departed members of the Church. SELLER retains the right, in SELLER’s sole discretion, to approve in advance the urn which holds the cremated remains and any inscription or engraving thereon.

(c) Only the remains of the HOLDER or the immediate family members of the HOLDER may be interred in the specified niche. Immediate family members of the HOLDER shall be limited to the following: the HOLDER’s spouse, the HOLDER’s children or grandchildren, and the HOLDER’s parents. Although the Columbarium is intended for deceased members of the GOOD SHEPHERD CATHOLIC PARISH of Visalia, California, nevertheless in the case of marriages between spouses of different faiths or religious denominations, the Church does not wish to separate in death those who were united in life and therefore permits the remains of non-Catholic spouses to be interred in the Columbarium. In the event of special circumstances and by special permission of the SELLER, which may be withheld at the SELLER’s sole discretion, the cremated remains of a person who is not an immediate member of the HOLDER’s family may be interred in the specified niche. It is not the intention of the SELLER to restrict interment to decedents of the Roman Catholic faith, but all interment ceremonies must be in accordance with the rules and traditions of the Roman Catholic Church because the Columbarium is located adjacent to a sanctified church.

(d) The interment shall be subject only to those applicable statutes, ordinances, rules and regulations imposed by all relevant civil and governmental authorities from which the Columbarium is not exempt in its capacity as a religious cemetery. Any person or persons authorized by law to direct the disposition of the decedent’s remains shall consent in writing to the interment of the decedent’s remains in the specified niche.

(e) The Roman Catholic Church allows cremation, but counsels that all remains should never be treated in an undignified manner. Accordingly, the Church instructs that the decedent’s remains should never be divided, comingled, or scattered, but rather interred or inurned in their entirety in a Columbarium.

(f) No plantings of any kind will be permitted on or near the specified niche or the Columbarium. No floral or potted plants, flags, statues, candles, pictures, decorations of any kind, or any other items may be placed on, adhered to, or near any niche, or any other location on or near the Columbarium structure. An exception will be made for the display of flowers during the rite of committal.

(g) Only a Granite Shutter obtained by SELLER’s approved vendor with dimensions, design and inscription approved in advance by the SELLER may be placed on the face of the niche. The inscription on the Granite Shutter may only set forth the name, date of birth and date of death of the decedent and a short reverent verse or statement. SELLER shall have the right to approve all inscriptions on the Granite Shutter in its sole discretion. No interment or memorial inscription will be permitted until the cost of the niche is paid in full. SELLER will not be responsible for any inscription or memorials purchased or arranged by the BUYER or by the HOLDER that have not been approved in advance by the SELLER.

(h) SELLER will be responsible for the general maintenance and upkeep of the Columbarium premises in general, but not for the maintenance and upkeep of the niche itself. SELLER shall not be responsible for loss or damage to the niche itself except to the extent that such damage or destruction is caused by SELLER’s willful misconduct or gross negligence.

(i) The Columbarium is located immediately adjacent to the sanctuary and other structures of Saint Charles Borromeo Catholic Church located at 5049 W. Caldwell Avenue, Visalia, California. The entire church property is surrounded by a fence and gates which are locked when there are no planned activities at the site. There are many liturgical, religious and business activities conducted on the site which may interfere with visitations to the niche and Columbarium. SELLER reserves the right to carry on any parish, liturgical, religious or business activity on the church grounds or adjacent to the Columbarium structure. Accordingly, SELLER retains the right at its sole discretion to determine and change at any time the dates and times when the specified niche and Columbarium are accessible for visitation. All visitors to the niche and Columbarium are advised to contact SELLER in advance to make sure that the niche and Columbarium are available for visitation at any particular time.

(j) SELLER reserves the right to restrict access to the specified niche and the Columbarium to the family members and friends of the decedent only and also reserves the right to restrict the total number of visitors to the specified niche and Columbarium at any particular time.

6. Transfer Of Right To Interment. Except as expressly permitted by the SELLER in writing and at SELLER’s sole discretion, neither the BUYER nor the HOLDER may make any assignment, either voluntarily or involuntarily, of any rights provided under this Agreement or the Certificate Of Right To Interment. SELLER shall have no obligation whatsoever to consent to any such assignment in any event.

7. Sale Of Right To Interment. The use of the niche specified in this Agreement is intended for the HOLDER or his or her immediate family members as set forth above, for interment purposes and not for resale or profit. Accordingly, in no event shall the BUYER or the Holder have any right to sell, exchange, or in any manner dispose of the right of interment except as otherwise specifically allowed by the SELLER at the SELLER’s sole discretion.

8. SELLER’S Right To Cancel Agreement. If at any time SELLER is unable to fulfill the terms of this Agreement due to governmental regulation, acts of God, insurrection, riot, war, any action by military or civil authority, order of a court, or any other unforeseen contingency, or because of mistake, misrepresentation, or fraud in the securing of this Agreement, then SELLER shall have the right to return to BUYER all monies that have been paid by BUYER hereunder and this Agreement shall thereupon become null and void. In any such event, SELLER shall not be liable to BUYER or to the HOLDER or to their respective heirs’ executors, administrators, successors or assigns, for any damages, whether direct, consequential, indirect or otherwise, incurred by such persons for SELLER’s inability to fulfill the terms of this Agreement.

9 BUYER’s Right To Cancel Agreement.

(a) In the event that both the BUYER and the HOLDER wish to cancel this Agreement prior to the interment of any cremated remains in the specified niche, then the SELLER may at its sole discretion elect to refund all monies paid by BUYER in excess of Fifteen Percent (15%) of the total original purchase price which shall be retained by SELLER for the costs of administration. No portion of the original purchase price will be returned unless and until SELLER has sold the right to interment in the specified niche to a new Buyer at a price determined solely by SELLER.

(b) In the event that any cremated remains are interred in the specified niche and, subsequent thereto, the person or persons legally authorized to take such action in fact legally remove all cremated remains from the specified niche, then the SELLER may at its sole discretion determine to cancel all rights of the BUYER and the HOLDER under this Agreement by refunding that portion of all monies paid by BUYER in excess of Fifteen Percent (15%) of the total original purchase price. The Fifteen Percent (15.00%) portion of the original purchase price shall be retained by SELLER for the costs of administration. No portion of the original purchase price will be returned, and this agreement shall not be cancelled unless and until SELLER has sold the right to interment in the specified niche to a new Buyer at a price determined solely by SELLER.

10. Change Of Ownership Of Columbarium Property/Structure. In the event that the real property containing the Columbarium is no longer owned by SELLER or by the Roman Catholic Bishop Of Fresno, A Corporation Sole, SELLER will make every reasonable effort to remove from the specified niche the cremated remains of the decedent(s), and relocate the remains, in cooperation with the person(s) then legally authorized to take charge of the cremated remains to the nearest Roman Catholic Cemetery. In such an event, SELLER shall not be liable to BUYER or to HOLDER or to any of their respective heirs, executors, administrators, or assigns for more than the lesser amount of the original purchase price herein or the costs of relocation.

11. Charitable Contribution And Niche Valuation. SELLER has advised BUYER that the fair market value of the specified niche is $900 SELLER has advised BUYER that all additional monies paid by BUYER pursuant to this Agreement shall be a donation to be used for such religious and charitable purposes as SELLER deems appropriate. SELLER has advised BUYER to consult with BUYER’s income tax advisor concerning the proper income tax treatment of the monies paid to SELLER pursuant to this Agreement and BUYER acknowledges that BUYER has had sufficient time to consult with BUYER’s income tax advisor concerning the matter. In any event, BUYER acknowledges and confirms that SELLER shall not be liable to BUYER and/or BUYER’s personal representatives, heirs, executors, administrators, successors or assigns for any damage whatsoever including, without limitation, any loss of any income tax charitable deduction, income or other taxes, additions to tax or interest or penalties for monies paid to SELLER pursuant to this Agreement. SELLER makes absolutely no warranties, representations, guarantees or promises whatsoever concerning how any taxing authorities may treat BUYER’s payment of the purchase price for income tax purposes.

12. Sole Agreement. This written Agreement constitutes the entire and final agreement between the parties concerning the matters stated herein. This written Agreement supersedes all prior and contemporaneous agreements and understandings, whether written or oral, with respect to the contemplated transaction and anything in addition to or contrary to the provisions of this Agreement which may have been communicated to BUYER by any of SELLER’s employees, agents or representatives is of no consequence whatsoever, as acknowledged by BUYER’s execution of this Agreement. Except as otherwise expressly stated in this Agreement concerning changes which may be made by SELLER at SELLER’s sole discretion, this Agreement may be amended or modified only by a writing executed by both BUYER and SELLER. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together shall constitute one and the same agreement.

13. Successors And Assigns. The terms and conditions of this Agreement shall be binding upon both BUYER and HOLDER and their respective heirs, successors, executors, administrators and assigns.

14. Notices. Any notices to be delivered to the parties herein shall be delivered as follows:

(a) To SELLER as follows: GOOD SHEPHERD CATHOLIC PARISH, 506 North Garden Street, Visalia, California, 93291.

(b) To BUYER as follows: PrimaryOwner Ful Name & Address

SELLER may use the BUYER’s address and the HOLDER’s address set forth in this Paragraph 14 for all purposes unless and until BUYER and/or HOLDER notifies SELLER of a change of address. BUYER and/or HOLDER shall provide SELLER with a notice of change of address within ten (10) days of the effective date of such change of address.

15. Governing Law. EXCEPT TO THE EXTENT THAT THE CODE OF CANON LAW OF THE ROMAN CATHOLIC CHURCH SHALL CONTROL, THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ANY CONFLICT OF LAWS.

16. Severability. If any part of this Agreement is declared invalid or unenforceable, said part shall be held to be separate from the remaining parts of the Agreement and each and every remaining part shall continue to be valid and enforceable.

17. Interpretation of Agreement. BUYER acknowledges and confirms that BUYER has had sufficient time to consult with an attorney of BUYER’s choice concerning the terms and provisions of this Agreement. This Agreement shall be construed and enforced as if it were jointly and mutually prepared by both BUYER and SELLER.

Owners are the designated Holder Of The Right Of Interment herein, consents to all of the terms and provisions of this Agreement as well as the Rules And Regulations Concerning The Columbarium and agrees to be bound by them.

THIS IS A SAMPLE DOCUMENT AND NOT THE ACTUAL AGREEMENT

Modified: January 1, 2024