The Occupancy License Agreement serves as a flexible alternative to traditional lease arrangements in Canada, particularly suitable for situations where temporary or non-exclusive use of space is required. This document is commonly utilized in contexts such as shared workspaces, educational facilities, pop-up retail locations, or temporary corporate accommodations. Unlike a lease, which grants an interest in land, this agreement provides a personal right to occupy space under specific terms and conditions. The agreement must comply with Canadian federal and provincial property laws while maintaining the licensor's superior right to the property. It typically includes detailed provisions for space usage, fee structures, maintenance responsibilities, insurance requirements, and termination rights, making it an essential tool for modern space-sharing arrangements where traditional leasing structures may be too rigid or inappropriate.
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1. Parties: Identification of the Licensor and Licensee, including full legal names and contact details
2. Background: Context of the agreement, establishing the nature of the license relationship and property ownership
3. Definitions: Key terms used throughout the agreement, including 'Licensed Space', 'Common Areas', 'License Period', etc.
4. Grant of License: Specific details of the license being granted, including the precise nature and scope of permitted use
5. License Period: Duration of the license, including start and end dates, and any renewal provisions
6. License Fee: Amount, payment schedule, and method of payment for the license
7. Use of Licensed Space: Permitted uses, restrictions, and conditions for using the licensed space
8. Licensor's Obligations: Responsibilities of the licensor including maintenance, utilities, and services provided
9. Licensee's Obligations: Responsibilities of the licensee including conduct, maintenance, and compliance with rules
10. Insurance and Liability: Insurance requirements and allocation of risks between parties
11. Termination: Circumstances and procedures for ending the license agreement
12. General Provisions: Standard clauses including notices, governing law, and entire agreement
1. Common Areas: Rules and conditions for shared spaces, included when the property has common facilities
2. Services and Amenities: Details of additional services provided, used when the license includes specific amenities
3. Security Deposit: Terms for security deposit, if required
4. Utilities and Additional Charges: Breakdown of utility responsibilities and additional fees, if not included in license fee
5. Sublicensing and Assignment: Rules regarding transfer of license rights, if permitted
6. Property Management Rules: Specific building or property rules, included for managed properties
7. Environmental Matters: Environmental obligations and restrictions, important for commercial or industrial properties
8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
1. Schedule A - Property Description: Detailed description and/or floor plan of the licensed space
2. Schedule B - License Fee Schedule: Detailed breakdown of fees, payment dates, and any escalation provisions
3. Schedule C - Rules and Regulations: Specific rules governing the use of the licensed space and common areas
4. Schedule D - Services and Utilities: List of included services, utilities, and their specifications
5. Schedule E - Condition Report: Documentation of the condition of the licensed space at commencement
6. Schedule F - Insurance Requirements: Detailed insurance requirements and specifications
7. Appendix 1 - Key Contact Information: Contact details for emergency, maintenance, and administrative matters
8. Appendix 2 - Move-in/Move-out Procedures: Specific procedures and requirements for beginning and ending occupancy
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Education
Coworking and Flexible Workspace
Retail
Hospitality
Technology
Professional Services
Healthcare
Non-Profit
Government and Public Sector
Construction and Development
Relevant Teams
Legal
Operations
Facilities Management
Real Estate
Risk and Compliance
Property Management
Corporate Services
Business Development
Asset Management
Space Planning
Relevant Roles
Property Manager
Facilities Manager
Real Estate Director
Operations Manager
Legal Counsel
Corporate Real Estate Manager
Space Planning Manager
Asset Manager
Commercial Director
Risk Manager
Compliance Officer
Business Development Manager
Campus Operations Manager
Workspace Solutions Manager
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