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Accrued and Other Liabilities
12 Months Ended
Dec. 31, 2016
Payables and Accruals [Abstract]  
Accrued Liabilities and Other Liabilities

NOTE 14.       ACCRUED AND OTHER LIABILITIES

Accrued and other liabilities consisted of the following:

 

 

 

 

 

 

 

 

 

 

As of

 

 

    

December 31,
2016

    

December 31,
2015

 

Golf Course Lease

 

$

2,226,527

 

$

2,602,638

 

Accrued Property Taxes

 

 

28,973

 

 

40,042

 

Reserve for Tenant Improvements

 

 

398,621

 

 

812,493

 

Accrued Construction Costs

 

 

856,947

 

 

 —

 

Accrued Interest

 

 

1,220,990

 

 

1,195,231

 

Environmental Reserve and Restoration Cost Accrual

 

 

1,505,757

 

 

2,405,635

 

Other

 

 

2,430,082

 

 

1,811,880

 

Total Accrued and Other Liabilities

 

$

8,667,897

 

$

8,867,919

 

As of December 31, 2016, the Company leased approximately 690 acres of land and certain improvements attributable to the golf courses under a long-term lease with the City of Daytona Beach, Florida (the “City”), which was to have expired in 2022. In July 2012, the Company entered into an agreement with the City to, among other things, amend the lease payments under its golf course lease (the “Lease Amendment”) whereby the base rent payment, which was scheduled to increase from $250,000 to $500,000 as of September 1, 2012, would remain at $250,000 for the remainder of the lease term and any extensions would be subject to an annual rate increase of 1.75% beginning September 1, 2013. In addition, pursuant to the Lease Amendment, beginning September 1, 2012, and continuing throughout the initial lease term and any extension option, the Company was to have paid additional rent to the City equal to 5.0% of gross revenues exceeding $5,500,000 and 7.0% of gross revenues exceeding $6,500,000. Since the inception of the lease, the Company has recognized the rent expense on a straight-line basis resulting in an estimated accrual for deferred rent. Upon the effective date of the Lease Amendment, the Company’s straight-line rent was revised to reflect the lower rent levels through expiration of the lease. As a result, approximately $3.0 million of the rent previously deferred will not be due to the City, and will be recognized into income over the remaining lease term. As of December 31, 2016, the Company’s accrued total liability related to the straight-line rent on the lease between the Company and the City was approximately $2.2 million. As more fully described in Note 23, “Subsequent Events,” the lease between the Company and the City was terminated subsequent to December 31, 2016.

In connection with the acquisition on April 22, 2014 of the property in Katy, Texas leased to Lowe’s, the Company was credited approximately $651,000 at closing for certain required tenant improvements, some of which were not required to be completed until December 2016. As of December 31, 2016, $100,000 of these tenant improvements had been completed and funded, leaving approximately $551,000 remaining to be funded. The remaining commitment as of December 31, 2016, totaled approximately $381,000, which is equal to the amount of the final reimbursement request the Company received from Lowe’s.

During the year ended December 31, 2014, the Company accrued an environmental reserve of approximately $110,000 in connection with an estimate of additional costs required to monitor a parcel of less than one acre of land owned by the Company in Highlands County, Florida on which environmental remediation work had previously been performed. The Company engaged legal counsel who, in turn, engaged environmental engineers to review the site and the prior monitoring test results. During the year ended December 31, 2015, their review was completed, and the Company made an additional accrual of approximately $500,000, representing the low end of the range of possible costs estimated by the engineers to be between approximately $500,000 and $1.0 million to resolve this matter subject to the approval of the state department of environmental protection (the “FDEP”). The FDEP issued a Remedial Action Plan Modification Approval Order (the “FDEP Approval”) in August 2016 which supports the approximate $500,000 accrual made in 2015. The Company is implementing the remediation plan pursuant to the FDEP Approval and since the total accrual of approximately $610,000 was made, approximately $361,000 in costs have been incurred through December 31, 2016, leaving a remaining accrual of approximately $249,000.

During the year ended December 31, 2015, the Company accrued $187,500 for the estimated penalty associated with a regulatory matter pertaining to the Company’s prior agricultural activities on certain of the Company’s land located in Daytona Beach, Florida. The penalty of $187,500 was paid during the year ended December 31, 2016. Additionally, as part of the resolution of the regulatory matter, as of December 31, 2015, the Company accrued an obligation of approximately $1.7 million, representing the low end of the estimated range of possible wetlands restoration costs for approximately 148.4 acres within such land, and included such estimated costs on the consolidated balance sheets as an increase in the basis of our land and development costs associated with those and benefitting surrounding acres. The final proposal for restoration work was received during the second quarter of 2016 which totaled approximately $2.0 million. Accordingly, an increase in the accrual of approximately $300,000 was recorded during the second quarter of 2016. The Company funded approximately $935,000 of the total $2.0 million of estimated costs during the year ended December 31, 2016, leaving a remaining accrual of approximately $1.1 million. This matter is more fully described in Note 20, “Commitments and Contingencies.”