Burial Plot Lease


SOLAS NATURAL BURIAL PRESERVE

BURIAL PLOT LEASE AGREEMENT

THIS LEASE AGREEMENT (the “Lease”) is made and entered into by and between Sòlas Natural Burial at Bishops, LLC, a Wisconsin limited liability company (“Sòlas”), whose sole member is The Wisconsin Foundation Inc., a nonstock nonprofit corporation organized under Chapter 181 of the Wisconsin Statutes, and (“Purchaser”) effective as of the later date of whichever Sòlas or Purchaser sign this Lease (the “Effective Date”).

RECITALS

WHEREAS, Sòlas keeps and maintains a natural burial preserve located at 6025 Oncken Road, Middleton, WI 53562 (the “Preserve”); and,

WHEREAS, the Preserve was officially certified by the Green Burial Council as a Natural Burial Cemetery; and

WHEREAS, Sòlas offers those plots designated as natural burial sites for lease in the Preserve; and,

WHEREAS, Purchaser desires to enter into this Lease for one or more of said plots described herein;

NOW, THEREFORE, in consideration of the mutual promises and conditions contained in this Lease and other good and valuable consideration, including the foregoing recitals, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

  1. Plot. Sòlas leases to Purchaser, and Purchaser leases from Sòlas, that certain burial plot(s) outlined on the site plan attached and incorporated herein as Exhibit A and described as Plot(s) numbered (the “Plot(s)”).
  1. Lease Term. The term of this Lease shall begin on the Effective Date and end on February 21, 2121 (the “Term”). The Lease shall automatically terminate on the last day of the Term.
  1. Procedure. This Lease is entered into in conjunction with Purchaser’s Plot assignment and Plot Fee payment through Sòlas via their website at: www.solasnaturalburial.com. Purchaser acknowledges that future additional plot availability is not guaranteed except through execution of this Lease or another lease through Sòlas for such desired additional plots.
  1. Plot Fee. Purchaser shall pay to Sòlas a one-time payment per Plot in exchange for the lease of the Plot(s) (“Plot Fee”) according to the pricing table below. Interment is not permitted nor may any grave marker be installed unless the Plot Fee has been paid in full.

Type of Plot

Fee

Regular 8x8

$4,000

Veteran 8x8

$3,500

Cremation 2x2

$1,000

Pet

$350
  1. Plot Preparation. Purchaser shall have the option to: (a) dig and prepare the Plot(s) for Interment personally; or (b) hire Sòlas to dig and prepare the Plot(s) for interment for a fee of $200 per Plot. If option (a) is selected, Sòlas will provide instructions for Plot preparation and each participant must sign the provided liability waiver indemnifying Sòlas and all employees against any claim of personal injury arising out of and relating to the interment. Notwithstanding the foregoing, under no circumstances will Sòlas handle remains.
  1. Burial. Purchaser acknowledges that under Wisconsin law, final disposition of remains may only be performed by either: (a) a funeral director licensed under Chapter 445 of the Wisconsin Statutes; or (b) a member of the decedent’s immediate family who personally prepares for and conducts the final disposition of the decedent. Purchaser is solely responsible for hiring and coordinating funeral director services, if desired (funeral services are not required), under option (a) and for ensuring compliance with the Rules (defined below). Purchaser is responsible for all legal responsibilities related to final disposition, including filing a death record. If the individual buried in the Plot is prepared in any way that violates the Rules, such as the use of embalming fluid (embalming is strictly prohibited), Interment will not be feasible at Solas and Sòlas has the right to terminate this Lease.
  1. Digital Headstone™. Following interment, the Plot(s) will be marked via GPS tracking on solasnaturalburial.com. For a fee of $500, Purchaser may purchase a webpage to contain information about the deceased individual(s) (the “Digital Headstone”) to be activated and maintained at www.solasnaturalburial.com. The Digital Headstone may contain information about the deceased individual including photos, videos, information, service times and locations, a link to a charity, etc. Sòlas reserves the right to remove any comments it deems inappropriate or offensive at its discretion and limit the type and size of the information.
  1. Rules. Purchaser agrees that all rights conveyed under this Lease are and at all times shall be subject to rules and regulations now existing or hereafter revised or supplemented by Sòlas at its sole discretion, attached and incorporated herein as Exhibit B (the “Rules”). This Lease is subject to Purchaser’s express written acknowledgement and agreement to abide by the Rules.
  1. Refunds/Termination. All leases are final and no refunds or cancellations will be issued.
  1. Preserve Conservation and Maintenance. As required under the Wisconsin Statutes, Sòlas is required to place 15% of each Plot Fee in the fund that provides for the maintenance of the Preserve, which amount shall be added to the Plot Fee. Sòlas fully intends to maintain the Preserve in its most natural state until such time that the property is dedicated as parkland.
  1. Information Prior to Interment. Purchaser or another representative of the deceased individual must provide Sòlas the following information before interment:
    1. Name of Deceased Individual
    2. Age of Deceased Individual at death & birth date, if known
    3. Date of death
    4. Next-of-Kin
    5. Funeral Establishment (if any)
    6. Executor of Deceased Individual’s estate (if any)
    7. If the Deceased Individual is not an adult, names of parent(s) or legal guardian(s)

If the Deceased Individual is a pet, then only the pet’s name, date of death, and proof of ownership are required prior to interment.

  1. Disclosure. Purchaser acknowledges that this arrangement is a lease for a burial plot in a natural burial preserve, not a sale of land, property, or any other kind, and the property under the Lease is intended to become a public open space after February 21, 2121.
  1. Regulation ALL RULES AND REGULATIONS OF THE PRESERVE ARE SUBJECT TO BE CHANGED OR AMENDED AT SOLAS’ SOLE DISCRETION.
  1. Limitation on Liability. WITHOUT LIMITING ANY LIMITATIONS ON LIABILITY SET FORTH ABOVE, SOLAS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOLAS’ LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THIS LEASE OR THE SERVICES PROVIDED HEREIN SHALL IN NO EVENT EXCEED THE AMOUNT RECEIVED BY SOLAS FROM PURCHASER UNDER THIS LEASE. NOTWITHSTANDING THE FOREGOING, Purchaser shall assume liability for compliance with all applicable laws, including, but not limited to, those related to disposition and death records.
  1. Indemnification. To the fullest extent permitted by law, Purchaser shall defend, indemnify and hold harmless Sòlas and Sòlas’ agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Effective Date which arise from or are caused by Purchaser’s use or occupancy of the Preserve, or from any activity, work, or thing done, permitted or suffered by Purchaser or Purchaser’s agents or invitees in or about the Preserve, or from any default in the performance of any obligation on Purchaser’s part to be performed under this Lease, or from any act, omission or negligence on the part of Purchaser or Purchaser’s agents or invitees. Sòlas may, at its option, require Purchaser to assume Sòlas’ defense in any action covered by this Section 19 through counsel reasonably satisfactory to Sòlas. Notwithstanding the foregoing, Purchaser shall not be obligated to indemnify Sòlas against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Sòlas, its agents, contractors or employees.
  2. Attorney’s Fees. If Sòlas brings an action to enforce the terms of or declare rights under this Lease, it shall be entitled to recover reasonable costs, attorneys' fees and expenses incurred from and after Purchaser's failure to comply with any term of this Lease. The parties agree that any dispute shall be resolved in Wisconsin Business Court as the definitive decision-making process.
  1. Governing Law and Jurisdiction. This Lease shall bind the parties, their heirs, personal representatives, successors and assigns. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Wisconsin.
  1. Notices. All notices and demands hereunder shall be in writing and shall be deemed given if (a) hand delivered; (b) sent by Express Mail or a national commercial courier service (e.g., Purolator Delivery Service or Federal Express) for next day delivery, to be confirmed in writing by said courier or service; (c) when deposited in the United States Mail with sufficient postage prepaid thereon to carry it to its addressed destination and sent by registered or certified mail, return receipt requested; (d) sent by electronic mail; or (e) sent by facsimile; and when addressed as follows:

 

Sòlas:

Sòlas Natural Burial Preserve, LLC

1818 Parmenter St, Suite 400

P.O. Box 628573

Middleton, WI 53562

 

Purchaser Contact:

Name:

Address:

Email:

Phone:

 

  1. Successors/Assigns. This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Purchaser and Sòlas. Nothing in this section shall be construed as consent by Sòlas to any assignment of this Lease or any interest in it by Purchaser.
  1. No Recordation. Purchaser shall not record this Lease nor any memorandum or notice hereof with the register of deeds or any public record.
  1. Entire Agreement: This Lease contains the entire agreement between the parties and cannot be modified except by a written document signed by both
  1. Severability: The provisions of this Lease are independent and separable from each No provision shall be affected, rendered invalid or unenforceable by virtue of the fact that another provision may be invalid or unenforceable, in whole or in part.
  1. Joint and Several Obligations: All agreements, rights and obligations of Purchaser shall be joint and
  1. Affirmation: Purchaser hereby affirms having read the terms set forth in this Lease and agrees to abide by all rules and regulations now or hereafter promulgated by Sòlas.

Signature page follows.

IN WITNESS WHEREOF, the Parties, or their duly authorized representatives, hereby execute this Lease on the dates set forth below.

SOLAS: Sòlas Natural Burial at Bishops, LLC

 

      Terrence R. Wall, Manager of

      Solas Preserve Mgr, LLC

 

Date:

 

PURCHASER:

 

 

Name:  

 

Date:

 

EXHIBIT A

Plot Map

EXHIBIT B

Preserve Rules

  1. Mandatory Burial Policies
    1. No embalming
    2. No vaults, lids or concrete
    3. Only natural caskets purchased through Sòlas’ website are allowed
    4. No metals or plastics (including inside caskets)
    5. No headstones (small, flat, grave markers are available for purchase on Sòlas’ website)
    6. No shrouds made of non-biodegradable materials (shrouds that are approved by the Green Burial Council for natural burial are available for purchase on Sòlas’ website)
    7. No placement of any non-biodegradable items in the plot
  1. Grave Markers
    1. In keeping with the understanding that the grave sites will return to their natural state, many families choose not to have a grave marker.
    2. If a grave marker is desired, the Purchaser may ONLY install a grave marker purchased through Sòlas’ website.
  1. Planting of Flowers, Plants, Shrubs and Trees
    1. Flowers, decorative plants, shrubs and trees may not be planted without first securing Sòlas’ permission. Permission will only be granted for native species from a list provided by Sòlas, within the limits of the existing flora. Generally, the plant growth on the site will return to its natural state.
  1. Cremated Remains
    1. The ashes of an individual following cremation may be buried in a plot, provided the ashes are buried in a biodegradable urn or poured directly in the ground.
    2. Ashes may not be scattered at Sòlas, only buried according to the aforementioned rules.
  1. Only one being (human or animal) can be buried in each burial plot.  If you wish to have multiple people buried near one another, you must purchase the plots next to each other at the same time. If you do not purchase plots together at the same time, we cannot guarantee that nearby plots will be available in the future.
  1. Disinterment is not possible due to the rapid decomposition process of the body during natural burial.
  1. Event Rules
    1. You must leave the space as good or better than you found it. This includes:
      1. Picking up any trash or other materials after your event/burial
      2. Being considerate of the plants and wildlife by not causing any unnecessary disruption to the area
    2. Remain on the paved and mowed paths when you are not visiting a burial site.
    3. Return any materials that you borrowed (shovels, etc.) back to where you found them and make sure the doors to the shelter storage rooms are closed if you used any items inside.
  1. Shelter Use
    1. Available by reservation only
    2. You must reserve the shelter in advance for all burials, ceremonies, celebrations, and events.
  1. Burial Time
    1. You are required to reserve a time for burial ceremonies.
    2. In order to guarantee that each person has adequate space and time for their burial ceremony, we require advanced reservations for burials through our website.
  1. Dogs
    1. Dogs must remain ON LEASH and on the paved paths and mowed trails at all times.
    2. You MUST pick up after your dog.

Acknowledgement

Purchaser hereby acknowledges the foregoing rules and regulations of the Preserve.

Signature of Purchaser: (Attached electronically) Date:

Print Name:

Leave this empty:

Signature arrow sign here


Signature Certificate
Document name: Burial Plot Lease
lock iconUnique Document ID: 79bbc53c111d87b41632ca85bc8aa9438191d50f
Timestamp Audit
May 14, 2024 3:24 pm CDTBurial Plot Lease Uploaded by Kian Metcalfe - kian@metcalfedigital.com IP 75.100.47.120
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https://solasnaturalburial.com/
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