Tenants and Members Agreement

between Green Elephant Members, Halton Mill Tenants, and Green Elephant Co-operative

Meaning of terms:

“The Building”
means Halton Mill, Mill Lane, Halton, Lancaster LA2 6ND
“The Premises”
means Unit [……] of the Building
“The Co-operative”
means Green Elephant Co-operative Ltd., whose address is: Halton Mill, Mill Lane, Halton, Lancaster LA2 6ND, and which currently occupies and manages the Building under a Head Lease from Lancaster Cohousing Ltd.
“Director”
means Director of the Co-operative
“Member”
means Member of the Co-operative
“Tenant”
means tenant of any premises in the Building
“User”
means user of the facilities of the Building
“The Person”
means the undersigned Member or Tenant (may be individual or corporate)
“The Lease”
means, if the Person is a Tenant, the current lease of the Premises by the Person from the Co-operative
“Party”
means the Co-operative or the Person
“Parties”
means the Co-operative and the Person

1. General provisions

1.1 The strategy of the Co-operative is to provide Tenants and other Users with common services in ways that promote co-operative values through the application of co-operative principles, and that minimise adverse environmental impacts, while being well governed, effectively managed and financially sustainable.

1.2 The Person agrees to abide by the Users Agreement, the Rules of the Co-operative, and the terms of the Lease, as applicable, as well as this Agreement.

1.3 The Parties agree to work collaboratively, using their best endeavours, with each other and with their agents (if any) to improve the environmental performance of the Building and the Premises, and to implement all relevant and applicable provisions of this Agreement including the attached Schedule.

1.4 The Parties will encourage any other Users of the Premises or the Building to enter an Agreement in similar terms as this Agreement in order to improve the overall environmental performance of the Building.

1.5 The terms of this Agreement may be altered by the Directors, or by Resolution of a General Meeting of the Co-operative. The Directors will ensure that all Members are informed of any changes, and that the current version is always displayed on their web site.

2. Sharing of environmentally relevant information

2.1 The Parties agree to share with each other all relevant information they have, in relation to the Building and the Premises, relevant to:

  1. the consumption and management of resources, including energy and water;
  2. the management and disposal of waste;
  3. the management of any equipment and facilities relevant to resources or waste.

Such information will be provided in as much detail as is available; and in a form, and following a methodology, as may be agreed by the Parties.

3. Building Management

3.1 The Building will be managed by Building Managers, who may either be Directors of the Co-operative, or people they appoint. The Building Managers will:

  1. review the information shared by the Parties under section 2;
  2. set out and maintain an environmental management plan for the Building, relevant to the measures set out in the Schedule below;
  3. report appropriately on these matters to the Directors, and to the AGM of the Co-operative.

3.2 On request, the Person will provide to the Building Managers details of their hours of occupancy of the Premises and their requirements for heating, lighting and air conditioning services for the Premises, and will keep the Building Managers informed of any changes in such requirements.

3.3 The Building Managers will provide information to the Person about how the systems in the Building work; and will adjust and regularly review these systems with a view to minimising unnecessary provision of energy consuming services to the Building and the Premises.

4. Legal provisions

4.1 This Agreement is not supplemental or collateral to the Lease and is not to be taken into account when construing the provisions of the Lease; and the provisions of the Lease shall prevail over anything in this Agreement.

4.2 Each Party agrees that information provided to the other pursuant to Section 2 of this Agreement shall be used only for the purposes of implementing this Agreement and for no other purpose, and that they shall keep all such information confidential and will not disclose it to any other person (save their agents, consultants or contractors who need to have such information for the purposes of this Agreement) other than if required to do so by law, or with the written consent of the other Party.

4.3 Neither Membership of the Co-operative, nor tenancy of the Premises, nor use of the the facilities in the Building implies that people are in partnership with each other, nor that are they agents of each other.

4.4 The Person undertakes neither to represent, nor take any action on behalf of, the Co-operative without being fully and properly authorised, either expressly by the Directors, or otherwise explicitly following the Rules of the Co-operative.

4.5 The Parties agree to be legally bound by this Section 4, which is governed by English law.

Signed for the Person

[Person name]………………………….

[Person address] ………………………

………………………………

………………………………

[tick or delete as appropriate]

[ ] The Person is a Member

[ ] The Person is a Tenant of the Premises

[signature]……………………..

[name and address of agent signing if different]

………………………………

………………………………

………………………………

Signed for the Co-operative

[signature]……………………..

[Director name]………………………….


SCHEDULE

1. ENERGY

  1. The provision of separate metering facilities for individual utilities for the Premises and the common parts and for other Users and special uses.
  2. Where appropriate, the use of smart or automatic metering technology in the Building and/or the Premises.
  3. Where appropriate and available at acceptable rates, the purchase of energy from renewable sources.
  4. On the Co-operative’s part, giving reasonable consideration to requests by the Person for the installation in or upon the Building or the Premises of plant and equipment based on renewable technologies (including roof mounted equipment) provided such installations do not adversely (in the opinion of the Co-operative) affect the value or appearance of the Building.
  5. Where appropriate, participation in local and/or communal schemes for energy generation or provision.

2. WASTE

  1. On the Co-operative’s part, the development and agreement with the Person and other Users of the Building a waste strategy for the Building including, where practicable, the sharing of recycling and other waste facilities by Users, and participation in joint waste strategies with neighbouring buildings.
  2. The provision of appropriate recycling arrangements for printer cartridges, fluorescent bulbs, batteries and similar items.
  3. The adoption of sustainable procurement codes (e.g. purchase of environmentally friendly office consumables and the adoption of “take back” and “re-use” schemes with suppliers for products and packaging).
  4. On refurbishment and fit-out, requiring contractors to make adequate waste segregation and recycling provisions and to re-use redundant materials wherever practicable.
  5. The disposal by the owner of all electrical equipment in the Building or the Premises which is to be disposed of in accordance with the WEEE Regulations 2006.

3. WATER

  1. The installation of high efficiency plumbing fixtures and control technologies in the Building and the Premises.
  2. The establishment and management of a regular programme of leak inspections at the Building and the Premises.
  3. Where appropriate, the use of treated and recycled water, captured rain water and grey water, where potable water is not a necessity.
  4. The use of relevant water saving control systems.

4. ENERGY AUDIT

  1. The appointment of a suitably qualified person to undertake an audit or assessment of the environmental performance of the Building and the Premises and to advise upon a strategy for implementing the aims and objectives set out in this Agreement.

5. ALTERATIONS AND REPLACEMENT

  1. The reasonable consideration of sustainable sourcing, the use of energy efficient and sustainable products and materials, recycling and the environmental performance and impact of all replacement of plant and equipment and of all alterations.
  2. When replacing plant and equipment, the use of energy efficient plant and equipment and reasonable consideration of reductions in energy use and for improvements in energy rating (including any rating contained within an EPC or DEC).
  3. The avoidance of alterations which have an adverse impact on the energy performance of the Building or the Premises.
  4. On the Person’s part, the provision to the Co-operative of sufficient information in relation to the environmental impact of proposed alterations, on the making of any application for the Co-operative’s consent to such alterations.
  5. The Parties giving reasonable consideration to alterations that reduce the need for air conditioning and other energy consumption.
  6. The agreement of a target BREEAM rating prior to either Party carrying out alterations for which a BREEAM rating would be available.

6. TRANSPORT

  1. The provision of space for bicycle storage, shower and changing facilities for cyclists.
  2. The provision of spaces for small cars, mopeds or motorbikes.
  3. The establishment of shuttle links where practicable to any local transportation hubs.
  4. The agreement of a ‘Green Travel Plan’.

7. CLEANING

  1. Requiring cleaning contractors to comply with any waste strategy or any energy or water reduction strategy agreed by the Parties and to maximise the use of natural solvent free and hydrocarbon free cleaning products.
  2. The specification of appropriate cleaning and maintenance procedures for specialist “green” plant, equipment, fixtures or fittings.
  3. The scheduling of cleaning times to minimise the use of lighting, heating and air-conditioning resources.
  4. The provision of awareness raising and training to cleaners.

8. SHARING INITIATIVES

  1. Without breaching the confidentiality of information as required by Section 4.2, allowing the Parties to share with others their targets and achievements under this Agreement.
  2. On the Co-operative’s part, the provision or arrangement of workshops for the Person and other Users on their sustainability initiatives to demonstrate how reductions and savings to energy, water and waste consumption can be made.
  3. The provision of training and education and the communication of achievements to all Users.

9. SERVICE CHARGE

  1. On the Co-operative’s part, where practicable, the separate identification of the cost of sustainability/environmental initiatives within any service charge account.
  2. On the Co-operative’s part, the consideration of service charge adjustments to reflect the use of energy and water by individual Users.

10. TENANT AND USER HANDBOOK

  1. On the Co-operative’s part, the provision to the Person of a handbook or information pack which includes energy and environmental management information about the Building (including any EPC/DEC ratings and recommendation reports, reduction targets, energy metering and monitoring data, an environmental policy and water performance data and waste strategy data).