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Note 10 - Commitments and Contingencies
12 Months Ended
Sep. 30, 2020
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
NOTE 
10.
COMMITMENTS AND CONTINGENCIES
 
MCC.
  On
January 14, 2015,
we entered into an agreement to purchase a
52.6
acre parcel of undeveloped land in Freetown, Massachusetts. The property is located approximately
47
miles southeast of Boston. We are developing the property as the MCC. Plans for the
may
include the construction of sustainable greenhouse cultivation and processing facilities that will be leased or sold to Registered Marijuana Dispensaries under the Massachusetts Medical Marijuana Program. We paid the seller
$100,000
upon the signing of the agreement which amount will be applied toward the purchase price at the closing.
 
Between
August 2015
and
September 2016,
there were several amendments to the Agreement to extend the closing date to
October 14, 2016.
As consideration for the extensions, the Company, at closing, agreed to increase the purchase price to
$4,325,000
and paid the seller
$725,000,
which was be applied to the purchase price of the land if and when the Company closes on this transaction. As of
September 30, 2016,
the Company had paid
$925,000
that was to be applied to the purchase price of the land at closing. On
October 17, 2016,
the Company closed on the land purchase via a sales-leaseback transaction. See ‘Operating Leases' section below for additional information.
 
Operating Leases
 
 
Land
 
On
October 17, 2016,
the Company closed the acquisition of the
52.6
-acre parcel of undeveloped land in Freetown, Massachusetts. The deposits of
$925,000
previously paid by the Company to the seller, Boston Beer Company ("BBC"), were credited against the total purchase price of
$4,475,000.
The remaining balance of
$3,550,000
was paid to BBC by Massachusetts Medical Properties, LLC ("MMP"). The property is located approximately
47
miles southeast of Boston. In
August 2019,
the Company completed construction of Building
1
at MCC.
 
As part of a simultaneous transaction, the Company assigned the property rights to MMP for a nominal fee and entered a lease agreement pursuant to which MMP agreed to lease the property to the Company for an initial term of
fifty
(
50
) years. We have the option to extend the term of the lease for
four
(
4
) additional
ten
(
10
) year periods. The lease is a triple net lease, with the Company paying all real estate taxes, repairs, maintenance and insurance.
 
The lease payments will be the greater of (a)
$30,000
per month; (b)
$0.38
per square foot per month of any structure built on the property; or (c)
1.5%
of all gross monthly sales of products sold by the Company, any assignee of the Company, or any subtenant of the Company. The lease payments will be adjusted up (but
not
down) every
five
(
5
) years by any increase in the Consumer Price Index.
 
Effective
October 1, 2019,
the Company adopted Topic
842
and recorded ROU assets and lease liabilities of
$6,980,957
and
$4,256,869,
respectively. As part of the adoption, prepaid land lease balance of
$2,724,088
was classified as a component of the Company's ROU assets.
 
The Company constructed Building
1
on the leased land and on
September 1, 2019,
BASK, commenced its
15
-year sublease of Building
1
which includes a base rent plus
15%
of BASK's gross revenues. This sublease income is recorded as Rental income - related party on the Company's consolidated statements of operations.
 
As of
September 30, 2020,
the Company's right-of-use assets were
$6,914,080,
the Company's current maturities of operating lease liabilities were
$4,728,
and the Company's noncurrent lease liabilities were
$4,243,224.
During the year ended
September 30, 2020,
the Company had operating cash flows from operating leases of
$256,125.
 
The table below presents lease related terms and discount rates as of
September 30, 2020.
 
   
As of September 30, 2020
 
         
Weighted average remaining lease term
       
Operating leases
   
46
 
Weighted average discount rate
       
Operating leases
   
7.9
%
 
 The reconciliation of the maturities of the operating leases to the lease liabilities recorded in the Consolidated Balance Sheet as of
September 30, 2020
are as follows:
 
2021
   
341,500
 
2022
   
341,500
 
2023
   
341,500
 
2024
   
341,500
 
2025
   
341,500
 
Thereafter
   
14,001,500
 
Total lease payments
   
15,709,000
 
Less: Interest
   
(11,461,048
)
    $
4,247,952
 
Less: operating lease liability, current portion
   
(4,728
)
Operating lease liability, long term
  $
4,243,224
 
 
Office space
 
 
The Company leases its office space located at
1555
Blake St., Unit
502,
Denver, CO
80202
for
$2,500
per month with a lease term of less than
12
months.
 
Lease expense for office space was
$18,303
and
$15,055
for the years ended
September 30, 2020
and
2019,
respectively.
 
Aggregate rental expense under all leases totaled
$401,021
and
$410,162
for the years ended
September 30, 2020
and
2019,
respectively.