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COMMITMENTS AND CONTINGENCIES
3 Months Ended
Mar. 31, 2020
COMMITMENTS AND CONTINGENCIES  
COMMITMENTS AND CONTINGENCIES

(13) COMMITMENTS AND CONTINGENCIES

Effective January 1, 2019, we adopted Accounting Standards Codification (“ASC”) Topic 842, Leases and the series of related Accounting Standards Updates that followed (collectively referred to as “ASC 842”), using the modified retrospective transition method applied at the effective date of the standard. By electing this optional transition method, information prior to January 1, 2019 has not been restated and continues to be reported under the accounting standards in effect for that period (ASC 840).

The Company elected the following practical expedients permitted under the transition guidance within the new standard; 1) the option to carry forward the historical lease classifications and assessment of initial direct costs, 2) the option to not include leases with an initial term of less than twelve months in the lease assets and liabilities and 3) the option to account for lease and non-lease components as a single lease component. 

We lease property including corporate offices, vehicles and land. We determine if an arrangement is a lease at inception and evaluate identified leases for operating or finance lease treatment at lease commencement. Operating or finance lease right-of-use assets and liabilities are recognized at the commencement date based on the present value of lease payments over the lease term.  Our leases have remaining lease terms of less than one year to 42 years, some of which have options to extend or terminate the lease. For purposes of calculating operating lease liabilities, lease terms may be deemed to include options to extend or terminate the lease when it is reasonably certain that we will exercise that option.

Amounts recognized at March 31, 2020 for operating leases was as follows (in thousands):

 

 

 

 

Right-of-use assets, operating leases - January 1, 2020

 

$

35,765

Additions

 

 

128

Right-of-use assets reduction

 

 

(639)

Right-of-use assets, operating leases - March 31, 2020

 

$

35,254

 

 

 

 

Operating lease liabilities - January 1, 2020

 

$

37,606

Additions

 

 

128

Liability reduction

 

 

(666)

Operating lease liabilities - March 31, 2020

 

$

37,068

Current portion of operating lease liabilities

 

$

3,027

Long-term operating lease liabilities

 

$

34,041

No impact was recorded to the statement of operations or beginning equity for ASC 842.

Beginning January 1, 2019, operating right-of-use assets and operating lease liabilities are recognized based on the present value of lease payments over the lease term at commencement date. Operating leases in effect prior to January 1, 2019 were recognized at the present value of the remaining payments on the remaining lease term as of January 1, 2019.  The Company uses its incremental borrowing rate based on the information available at the commencement date in determining the present value of lease payments. We have certain land and vehicle lease agreements with lease and non-lease components, which are accounted for separately. We have elected the practical expedient to account for the remainder of our lease agreements and non-lease components as a single lease component. Non-lease payments include payments for taxes and other operating and maintenance expenses incurred by the lessor but payable by us in connection with the leasing arrangement. As of March 31, 2020, the Company was party to certain subleasing arrangements whereby the Company, as the primary obligor on the lease, has recognized sublease income for lease payments made by affiliates to the lessor.

Following are components of our lease costs (in thousands):

 

 

 

 

 

 

 

 

 

Three months ended 

 

 

March 31,

 

 

2020

 

2019

Operating leases

 

$

1,182

 

$

1,069

Variable lease costs (including insignificant short-term leases)

 

 

991

 

 

272

Sublease income as primary obligor

 

 

(246)

 

 

(246)

    Total lease costs

 

$

1,927

 

$

1,095

 

Other information related to our operating leases was as follows (in thousands, except lease term and discount rate):

 

 

 

 

 

 

 

 

 

Three months ended 

 

 

March 31,

 

 

2020

 

2019

Cash outflows for operating leases

 

$

1,209

 

$

1,214

Weighted average remaining lease term (years)

 

 

18.66

 

 

20.54

Weighted average discount rate

 

 

5.2%

 

 

5.2%

 

Undiscounted cash flows owed by the Company to lessors pursuant to contractual agreements in effect as of March 31, 2020 and related imputed interest was as follows (in thousands):

 

 

 

 

2020 (remainder of the year)

 

$

3,400

2021

 

 

4,504

2022

 

 

4,495

2023

 

 

3,956

2024

 

 

3,666

Thereafter

 

 

39,831

   Total lease payments

 

 

59,852

Less imputed interest

 

 

(22,784)

   Present value of operating lease liabilities

 

$

37,068

 

Contract commitments.  At March 31, 2020, we have contractual commitments of approximately $25.3 million for the supply of services, labor and materials related to capital projects that currently are under development. We expect that these contractual commitments will primarily be paid within a year.

Legal proceedings. We are party to various legal, regulatory and other matters arising from the day-to-day operations of our business that may result in claims against us. While the ultimate impact of any proceedings cannot be predicted with certainty, our management believes that the resolution of any of our pending legal proceedings will not have a material adverse effect on our business, financial position, results of operations or cash flows.