The Incredible Edible Constitution, Insurance, licences

Incredible Edible Todmorden

Constitution

The name of our group for this simple constitution is

Incredible Edible Tod

The aims of the group are;
To promote and develop a culture and opportunities for growing food, cooking and sourcing local products.
To build on Todmorden’s wealth of voluntary sector engagement to develop new links and partners concerned with the future of food and growing.
To develop whole community skills in growing and cooking local produce.

Powers

In furtherance of these aims the committee has the power to;
Buy or lease goods and property.
Employ staff.
Set up committees.
Do all such other things that are lawful and necessary for the achievement of our aims.
Open a bank account.

Committee

The organisation will be administered and managed in accordance with this constitution by the members of the management committee.

The management committee shall consist of no less than three and not more than twelve.

Membership of the committee is open to anyone with an interest in furthering the aims of the organisation.

Members of the management committee can co-opt up to three additional members to serve on the committee.

Members of the management committee will serve for a maximum of three years, but they can be re-elected. Members can resign at any time if their resignation would not leave less than the minimum of three management committee members.
The Management will elect from their number a chair, treasurer and a secretary who will serve for three years but who can be
re-elected.

Funds

No member of the management committee shall receive any payment or financial benefit from the organisation, other than payment of reasonable out of pocket expenses.

The management committee will be responsible for keeping financial records.

There will be three signatories for the bank account; two of the three will sign any transaction.

Changes

Alterations to this constitution can be made by simple majority agreement.

Dissolution;

Any assets remaining after payment of any debts and liabilities should be transferred to an organisation with similar aims as agreed by the management committee.

Adopted on 22. April 2008

Insurance

What you need for council licences is public liability cover of 5 million squid.

there are a variety of firms that will do this, expect to pay £250-400 per year, our current insurer is access insurance 0280 6517420 zurich municipal also do this.

Licences
This is what calderdale have put in place, the person who administers it is Pam smithies in property services.

Terms of Agreement : seeking to utilise a piece of land for community growing

Below are some draft agreements that can be used when seeking to utilise a piece of land for community growing, they outline the purpose and terms which may be required to take part in a community growing activity. Only individual’s and groups who sign an agreement will be considered to develop a community growing activity on land identified for community growing.

There are 3 terms of agreement which are available for individuals, groups who wish to operate a community growing space. These are to create a Community Orchard, develop a Plot and to have a Container within a designated community growing space.

Other terms can be included to ensure the flexibility of a relevant site and location to meet needs of the community and the landowner.

If the land is owned by local council they may a need to apply a nominal charge, other landlords may also require charge.

• A meeting must be arranged with all interested parties to set terms of an agreement.
• If there is a broad agreement that growing food will not impact negatively on the surrounding area an agreement will be signed.
• All groups and interested parties must comply with terms of agreement.
• Twice yearly all plots will be visited by the Association to monitor progress and use.
• If plots are not being well used the Association would act as the umbrella body to find another user or help revert the land to its original state.
• Advice and guidance will be available from the Association members on getting started for those who need it.

TERMS FOR COMMUNITY ORCHARD

The terms are outlined to ensure flexibility to meet the needs for each site and location. All orchards created must have open public access to maintain and harvest fruit in all locations to maximise use.

Term :- Annual
Rent : – £1 per annum or other nominal sum (if demanded)

Main Terms and conditions :-

7. The ………(insert name of individual, group)……. are to be allowed to plant fruit and nut trees only and subsequently maintain and manage the same, species and root stock to be agreed by all parties.
8. The named individual or group will ensure the site remains free from weeds, litter and rubbish to the satisfaction of the landowner.
9. The land shall not be used for the purpose of any trade or business.
10. No nuisance or annoyance shall be caused or permitted to the adjacent land and properties whether or not belonging to the landowner.
11. No obstruction or encroachment shall be permitted on the adjacent land.
12. No structures whatsoever will be permitted to be erected within the same.
TERMS FOR LICENCE FOR CONTAINERS

The terms are outlined to ensure flexibility to meet the needs for each site and location.

Term: Annual
Rent: £1 per annum or other nominal sum (if demanded)

Location

The container to be sited on the attached plan in the approximate location marked “X” on the attached plan.
The Association to ensure that the location of the same does not prevent or hinder the Council’s or landlord’s grounds maintenance of the remainder of the site.

Container Specification

The containers to be 1 metre square in shape and size and made of wood, treated with wood preservative to prevent rot. The container to be treated with brown wood preserve only and not painted any other colour. Containers made of durable materials in neutral colours may be permitted with prior written consent by the landowner. The container specification can be varied with prior agreement of all parties.

The container is to be maintained at the expense of the Association.

Main terms and Conditions :

10. The Association to fix their own name plague on the front of the container for identification purposes. The specification of the plague to be agreed prior by the Landowner and any subsequent amendments/alterations to be agreed prior by the Landowner.
11. To ensure the containers are maintained in a good condition at all times.
12. To ensure the container to be cultivated for the production of vegetables, flowers and fruit crops for private consumption only and not to cultivate bushes or trees except food bearing plants
13. The overall height of the container from ground level should not exceed 1m and the overall height from ground level to the top of the plants should not exceed 2m. without the prior written consent of the Landowner.
14. To ensure the container remains free from weeds litter and rubbish, maintained in a proper state of cultivation and fertility and in good condition to the satisfaction of the Landowner.
15. No structures whatsoever will be permitted to be erected within the same.
16. Cane supports will be permitted however these are not to exceed 1m.
17. The Association or the container user shall cause no nuisance or annoyance to adjacent users or neighbours or the Landowner.
18. The Association to keep an accurate record of all sub-tenants and a copy to be provided to the Council on request.
19. Other terms can be included which may be relevant to a site and location of a container.

TERMS FOR PLOTS OF LAND

The terms are outlined to ensure flexibility to meet the needs for each site, location and community.

Term :- Annual
Rent : – £1 per annum or other nominal sum (if demanded)

Main Terms and conditions:-

1. The Association to ensure the site remains free from weeds, litter and rubbish) and maintained in a proper state of cultivation and fertility and to the satisfaction of the Landowner.
2. The land shall not be used for the purpose of any trade or business except the distribution of horticultural seeds plants and fertilisers etc by the Association to its members. Composting material will be stacked in an orderly fashion as a compost heap or heaps.
3. No nuisance or annoyance shall be caused or permitted to the adjacent land and properties whether or not belonging to the Landowner.
4. No obstruction or encroachment shall be permitted on any adjacent path or footways.
5. No trees on the site shall be felled, cut or pruned without the prior written consent of the Landowner.
6. No trees, shrubs or bushes whatsoever are to be planted on the site except food bearing plants up to a maximum height of 1metres.Plants to a height of 2m may be planted with prior written consent from the Landowner.
7. The grass (if any) on the site to be cut at the expense of the Association to a height of 50 mm at a minimum frequency of once every two weeks during the growing season.
8. The Association to ensure they use of the land does not affect slight lines and highway safety.
9. No structures whatsoever will be permitted to be erected within the same without prior written consent of the Landowner. Cane supports will be permitted however these are not to exceed 1.5m.
10. The plants cultivated must be food species to at least 90% of the cultivated area.
11. No fencing of the land to be permitted without the prior consent of the Landowner. The Association to be responsible for the provision and the subsequent maintenance of any fencing, the size, height and design to be approved prior by the Landowner.

Insurance for agreements

Insurance is required in order to protect the individual’s, groups, associations, council and landowners involved in community growing to claims from third parties. It is necessary to include the following :

The Association shall indemnify the Landowner from and against all actions, proceedings, costs, claims, demands, damages, expenses, or losses in respect of any damage or injury to any person or the property of any person arising directly or indirectly from the use by the Association.

The Association shall maintain insurance in the sum of at least £5,000,000, (each and every claim) with an office of good repute in respect of third party and public liability claims.

The Association shall be responsible for any damage caused to any pipes, sewers, cables or wires belonging to statutory undertakers or other adjoining owners which are presently in, on or over the Licence area or the approach thereto over the Landowner’s property and shall indemnify the Licensor against any actions or claims by the statutory undertaker or adjoining owners arising from the use of the land by the Licensee.

Termination of agreements

The termination of agreements is included to ensure flexibility for the individual’s, groups, associations, council and landowners involved in community growing to reinstate any land that has been utilised within communities.

The licences can be determined by either party to serving on the other one month’s notice on the other.

This licence will be determined by the Landowner :-

1. Failure to comply with terms above.
2. If the site is required by the Landowner for any purpose whatsoever, upon the service of one months notice in writing to the Association except in the case of an emergency.
3. If the Association is dissolved, becomes bankrupt.
Upon termination the Association or other agreed body in agreement with all parties will reinstate the land to the satisfaction of the Landowner.