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Leases
12 Months Ended
Dec. 31, 2012
Leases Abstract  
Leases [Text Block]

20.       Leases

As lessor:

We lease space to tenants under operating leases. Most of the leases provide for the payment of fixed base rentals payable monthly in advance. Office building leases generally require the tenants to reimburse us for operating costs and real estate taxes above their base year costs. Shopping center leases provide for pass-through to tenants the tenant's share of real estate taxes, insurance and maintenance. Shopping center leases also provide for the payment by the lessee of additional rent based on a percentage of the tenants' sales. As of December 31, 2012, future base rental revenue under non-cancelable operating leases, excluding rents for leases with an original term of less than one year and rents resulting from the exercise of renewal options, are as follows:

      
 (Amounts in thousands)    
 Year Ending December 31:    
 2013$1,842,355  
 2014 1,738,439  
 2015 1,578,559  
 2016 1,400,020  
 2017 1,249,904  
 Thereafter 6,134,903  

These amounts do not include percentage rentals based on tenants' sales. These percentage rents approximated $8,466,000, $7,995,000 and $7,339,000, for the years ended December 31, 2012, 2011 and 2010, respectively.

 

None of our tenants accounted for more than 10% of total revenues in any of the years ended December 31, 2012, 2011 and 2010.

 

 

Former Bradlees Locations

 

Pursuant to a Master Agreement and Guaranty, dated May 1, 1992, we were due $5,000,000 of annual rent from Stop & Shop which was allocated to certain Bradlees former locations. On December 31, 2002, prior to the expiration of the leases to which the additional rent was allocated, we reallocated this rent to other former Bradlees leases also guaranteed by Stop & Shop. Stop & Shop contested our right to reallocate the rent. On November 7, 2011, the Court determined that we had a continuing right to allocate the annual rent to unexpired leases covered by the Master Agreement and Guaranty and directed entry of a judgment in our favor ordering Stop & Shop to pay us the unpaid annual rent. At December 31, 2012, we had a $47,900,000 receivable from Stop and Shop, which is included as a component of “tenant and other receivables” on our consolidated balance sheet. On February 6, 2013, we received $124,000,000 pursuant to a settlement agreement with Stop & Shop (see Note 22Commitments and Contingencies – Litigation).

20.       Leases - continued

As lessee:

We are a tenant under operating leases for certain properties. These leases have terms that expire during the next thirty years. Future minimum lease payments under operating leases at December 31, 2012 are as follows:

      
 (Amounts in thousands)     
 Year Ending December 31:    
 2013$41,524  
 2014 42,321  
 2015 41,074  
 2016 37,054  
 2017 37,968  
 Thereafter 1,229,169  

Rent expense was $43,528,000, $35,436,000 and $34,611,000 for the years ended December 31, 2012, 2011 and 2010, respectively.

We are also a lessee under a capital lease under which we will redevelop the retail and signage components of the Marriot Marquis Times Square Hotel. The lease has put/call options, which if exercised would lead to our ownership. Capitalized leases are recorded at the present value of future minimum lease payments or the fair market value of the property. Capitalized leases are depreciated on a straight-line basis over the estimated life of the asset or life of the related lease. Depreciation expense on capital leases is included in “depreciation and amortization” on our consolidated statements of income. As of December 31, 2012, future minimum lease payments under this capital lease are as follows:

      
 (Amounts in thousands)    
 Year Ending December 31:    
 2013$ 12,500  
 2014  12,500  
 2015  12,500  
 2016  12,500  
 2017  12,500  
 Thereafter  359,792  
 Total minimum obligations  422,292  
 Interest portion  (182,292)  
 Present value of net minimum payments$ 240,000  

At December 31, 2012, the carrying amount of the property leased under the capital lease was $249,285,000, which is included as a component of “development costs and construction in progress” on our consolidated balance sheet and present value of net minimum payments of $240,000,000 is included in “other liabilities” on our consolidated balance sheet.