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Commitments and Contingencies
3 Months Ended
Mar. 31, 2019
Commitments and Contingencies.  
Commitments and Contingencies

10. Commitments and Contingencies

Litigation

We are involved from time-to-time in various legal and regulatory proceedings that arise in the ordinary course of our business, including, but not limited to, commercial disputes, environmental matters, and litigation in connection with transactions such as acquisitions and divestitures. We believe that current proceedings will not have a material adverse effect on our financial condition, liquidity, or results of operations. We record a liability when a loss is considered probable and the amount can be reasonably estimated.

During the first quarter of 2019, we settled a lawsuit with our former insurance broker, Aon Risk Services Central Inc., related to the significant flood damage sustained at Opry Mills in May 2010. In accordance with a previous agreement with the prior co-investor in Opry Mills, a portion of the settlement was remitted to the co-investor. Our share of the settlement was approximately $68.0 million, which was recorded as other income in the accompanying consolidated statement of operations and comprehensive income.

 

Lease Commitments

As of March 31, 2019, a total of 23 of our consolidated properties are subject to ground leases.  The termination dates of these ground leases range from 2019 to 2090, including periods for which exercising an extension option is reasonably assured.  These ground leases generally require us to make fixed annual rental payments, or a fixed annual rental payment plus a percentage rent component based upon the revenues or total sales of the property.  In addition, we have several regional office locations that are subject to leases with termination dates ranging from 2019 to 2028.  These office leases generally require us to make fixed annual rental payments plus pay our share of common area, real estate, and utility expenses.  Some of our ground and office leases include escalation clauses.  All of our lease arrangements are classified as operating leases.  We incurred ground lease expense and office lease expense, which are included in other expense and home office and regional expense, respectively, as follows:

 

 

 

 

 

 

 

For the Three Months

 

 

Ended

 

 

March 31, 2019

Lease Cost

 

 

 

Operating lease cost

 

$

7,165

Variable lease cost

 

 

4,144

Sublease income

 

 

(167)

Total lease cost

 

$

11,142

 

For the quarter ended March 31, 2018, we incurred $12,125 of lease expense.

 

 

 

 

 

 

 

For the Three Months

 

 

Ended

 

 

March 31, 2019

Other Information

 

 

 

Cash paid for amounts included in the measurement of lease liabilities

 

 

 

Operating cash flows from operating leases

 

$

 12,068

 

 

 

 

Weighted-average remaining lease term - operating leases

 

 

36.2 years

Weighted-average discount rate - operating leases

 

 

4.87%

 

Minimum lease payments due under these leases for years ending December 31, excluding applicable extension options and renewal options unless reasonably certain of exercise and any sublease income, are as follows:

 

 

 

 

 

2019

    

$

32,444

2020

 

 

32,438

2021

 

 

32,722

2022

 

 

32,733

2023

 

 

32,864

Thereafter

 

 

949,754

 

 

$

1,112,955

Impact of discounting

 

 

(590,761)

Operating lease liabilities

 

$

522,194

 

Lease liabilities are included within other liabilities in the consolidated balance sheet.  Right of use assets are included within deferred costs and other assets in the consolidated balance sheet. 

 

Guarantees of Indebtedness

Joint venture debt is the liability of the joint venture and is typically secured by the joint venture property, which is non‑recourse to us. As of March 31, 2019 and December 31, 2018, the Operating Partnership guaranteed joint venture related mortgage indebtedness of $211.3 million and $216.1 million, respectively (of which we have a right of recovery from our venture partners of $10.8 million). Mortgages guaranteed by the Operating Partnership are secured by the property of the joint venture which could be sold in order to satisfy the outstanding obligation and which has an estimated fair value in excess of the guaranteed amount.

Concentration of Credit Risk

Our U.S. Malls, Premium Outlets, and The Mills rely heavily upon anchor tenants to attract customers; however, anchor retailers do not contribute materially to our financial results as many anchor retailers own their spaces. All material operations are within the United States and no customer or tenant accounts for 5% or more of our consolidated revenues.

Hurricane Impacts

During the third quarter of 2017, two of our wholly-owned properties located in Puerto Rico sustained significant damage as a result of Hurricane Maria.  Since the date of the loss, we have received $62.8 million of insurance proceeds from third-party carriers related to the two properties located in Puerto Rico, of which $40.5 million was used for property restoration and remediation and to reduce the insurance recovery receivable.  During the first quarter of 2019,  we recorded $4.4 million as business interruption proceeds in other income in the accompanying consolidated statement of operations and comprehensive income.