OFFER TO LEASE
(address), [City], Nova Scotia
(hereinafter referred to as the “Landlord”)
(address), [City], [Province]
(hereinafter referred to as the “Tenant”)
A. The Landlord owns a property (the “Building”) having retail uses, situated upon certain lands
known municipally for commercial purposes as _________________________[municipal address],
_____________ [City], Nova Scotia outlined in red on the attached plan marked as Schedule “A”.
B. The Tenant hereby offers to lease a portion of the Building ( the “Premises”), upon the terms and
conditions set out in this Offer to Lease (the “Offer”).
1. DEMISED PREMISES
The Premises shall have a floor area of approximately _________________ (______) square feet of ground
floor retail space as outlined in red on the schedule “A” attached. The measurement of the Landlord’s
Surveyor or Architect as to the floor area of the Premises shall be conclusive. The Premises shall have a
minimum frontage of _____________ feet.
The term of the Lease (the “Term”) shall be for a period of [term] years. The Landlord covenants that the
Tenant shall be given possession of the premises for the purpose of fixturing, fitting and operating its
business Net Rent Free for the first ______ months of the Term. Landlord shall advise in writing when
Landlord’s work has been completed. The date of possession of the Premises shall occur once Landlord’s
Work has been completed and Tenant shall have advised Landlord in writing that it accepts Landlord’s
Work as having been completed. Tenant shall have 30 days to bring any deficiencies in Landlord’s work
to Landlord’s attention. During the Net Rent Free Period, the Tenant shall abide by all of the terms and
conditions of this Offer save and except for the obligation to pay Net Rent.
3. MINIMUM RENT
YEAR NET RENT PER SQ. FT. NET ANNUAL RENTAL
The Tenant shall deliver, upon mutual acceptance of the offer and removal of all subject conditions
contained herein, a cheque payable to the Tenant’s Agent, [name of tenant’s agent] in the sum of [Deposit
amount] Dollars ($ ) including GST, to be held “in trust” as a deposit on the account of the
first and second month’s minimum rent.
5. USE OF PREMISES
The premises shall only be used for the purpose of _________________________________________ [briefly
describe the business that will go into the premises] under the business name of _______________________.
[Delete the following if not applicable:] The Tenant shall have the exclusive rights during the Term and any
renewal thereafter to the sale of _________________ throughout the building(s) and any expansion of the
Building(s) or lands.
6. HOURS OF OPERATION
The Tenant shall have the right to operate the Tenant's business in this location, twenty-four (24) hours
per day, three hundred and sixty five (365) days per year, in accordance with applicable municipal by-
The Tenant shall have the right at the Tenant’s expense, to install the Tenant’s standard signs on the
inside or the outside of the premises substantially the same as those sign specifications attached hereto as
Schedule “C”. In all matters of other signage it is agreed and understood that the Tenant’s signage
requirements shall be subject to prior written approval by the Landlord and such approval is not to be
unreasonably withheld or delayed. Signage shall be in accordance with applicable municipal by-laws.
8. ADDITIONAL CHARGES TO BE PAID BY TENANT
The Lease shall be a completely Net and Carefree Lease to the Landlord, and all costs, expenses and
obligations relating to the Premises shall be paid for and borne by the Tenant, without limiting the
generality of the foregoing, the Tenant shall pay as additional Rent, in monthly installments, in advance,
on the basis of actual invoices or estimates by the Landlord the aggregate of the following as more
specifically detailed in the Lease:
(a) Consumption of all utilities supplied to the Premises; if separately metered, the respective utilities
shall be billed directly to the Tenant.
(b) The Tenant’s proportionate share of all taxes as assessed or attributed to the Tenant from time to
time in respect of the Premises and the Common Areas. The Tenant shall also be responsible for
its own Business Taxes.
(c) The Tenant’s proportionate share of the total costs and expense incurred or attributed by the
Landlord to maintain, operate, repair and insure the Building.
(d) The Landlord covenants that the total of all expenses defined above as additional charges,
including municipal realty taxes, excluding utilities, shall not exceed an aggregate of
___________________ Dollars ($ ) per square foot for the first year of the term and shall
be adjusted thereafter based on the actual increase, if any.
(e) The Tenant shall not be required to pay the pro-rata share of depreciation, amortization of the
building(s) or equipment and capital taxes and this same condition will be incorporated directly
into the Landlord’s Standard Form of Lease.
9. TENANT’S RESPONSIBILITIES
Without limiting the general application of Paragraph 8, in connection with the Premises, the Tenant
hereby expressly agrees that it shall be responsible for the following throughout the Term of the Lease.
(a) Plate Glass: repair of all windows and store fronts.
(b) General Repairs: all repairs of the premises (other than repairs to structural portions thereof)
including the fixtures, equipment, machinery and leasehold improvements contained herein.
(c) Insurance: public liability insurance with limits of not less than TWO MILLION ($2,000,000.00)
DOLLARS per occurrence.
10. ACCEPTANCE OF PREMISES
The Tenant agrees to accept the Premises upon the completion of all the Landlord’s work as detailed on
Schedule “B” attached. The Landlord warrants that all mechanical, electrical and plumbing systems as of
the date of possession are in first class working condition and maintained by the Landlord as stated in the
11. EXECUTION OF LEASE
The Lease form shall be agreed upon and executed by the parties within thirty (30) days of the acceptance
of this Offer, and if it is not, then this Offer to Lease shall be null and void and the Deposit shall be
returned to the Tenant. No Agreement to Lease shall arise between the parties hereto except through the
execution of this Agreement by the parties and delivery of the lease security deposit referred to in the
The Lease referred to herein shall be amended in accordance with this Offer and any other amendments
mutually agreed upon by the parties prior to the execution thereof. The Schedules attached hereto shall
form a part of this Offer.
In the event the Tenant is not then in default under the Lease, the Tenant shall have the right upon
written request to the Landlord not less than _____ months prior to the expiry to the initial term of Lease
_____ renewal terms of [term] years each on the same terms and conditions, save and except for the
further right to renew and Net Rent which shall be negotiated and failing negotiation shall go to
arbitration at time of renewal, in accordance with arbitration legislation then in effect in the Province of
___________________. The cost of such Arbitration will be borne equally by both parties.
(a) Time shall be of the essence of this Offer.
(b) This Offer contains the whole agreement between the parties with respect to the subject of this
Offer. There is no representation, warranty, collateral agreement or condition affecting the
Building, the Premises or this Offer other than as expressed herein. This Offer shall not merge
upon but shall survive the execution and delivery of the Lease, provided that wherever there is
any conflict between the terms of this Offer and the terms of the Lease, the terms of the Offer will
(c) The Tenant shall have the right to assign this Offer to Lease or sub-let the Premises with written
consent of the Landlord, such consent not to be unreasonably withheld or delayed nor may the
Landlord terminate the Lease as a result of a request for such consent.
(d) The Landlord warrants that the Premises are zoned for the Tenant’s intended use.
(e) Tenant shall always be entitled to remove its trade fixtures at the end of the term provided it is
not in default under the Lease. Trade fixtures shall include all articles placed in or attached to the
Premises by the Tenant to prosecute the trade or business for which the Tenant occupies the
Premises or which are used by the Tenant in connection with such business or used by the Tenant
to promote the convenience and efficiency in conducting such business.
(f) The Landlord agrees to provide the Tenant or its financial institution with a Waiver and/or
Estoppel Certificate required by the financial institution whereby the financing institution will
have priority over the Landlord to any trade fixtures and equipment.
(g) If the Lease provides for attornment in favour of an encumbrance holder by the Tenant, the Lease
will provide that the Tenant will do so provided th