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LEASES
12 Months Ended
Dec. 31, 2021
LEASES

5.

LEASES

As further described in Note 2, CoreCivic accounts for leases in accordance with ASC 842.  CoreCivic leases land and buildings from third-party lessors for multiple properties under operating leases that expire over varying dates through 2032.  The ROU asset related to these leases amounted to $170.0 million and $194.1 million at December 31, 2021 and 2020, respectively, while the current portion of the lease liability amounted to $22.6 million and $21.6 million and the long-term portion of the liability amounted to $121.3 million and $144.8 million at December 31, 2021 and 2020, respectively.  As of December 31, 2021, the weighted-average lease term of the operating leases was 5.4 years and the weighted average discount rate associated with the operating leases was 6.2%.

CoreCivic leases the South Texas Family Residential Center and the site upon which it was constructed from a third-party lessor.  CoreCivic's lease agreement with the lessor is over a base period concurrent with an inter-governmental service agreement ("IGSA") with ICE, which was amended in September 2020 to extend the term of the agreement through September 2026.  ICE's termination rights, which permit ICE to terminate the agreement for convenience or non-appropriation of funds, without penalty, by providing CoreCivic with at least a 60-day notice, were unchanged under the extension.  Concurrent with the extension of the amended IGSA, the lease with the third-party lessor for the site was also extended through September 2026. Other terms of the extended lease agreement were unchanged and provide us with the ability to terminate the lease if ICE terminates the amended IGSA associated with the facility. As a result of the lease modification, the Company re-measured the lease liability at the effective date of the modification and recognized a corresponding adjustment to increase the ROU asset amounting to $116.0 million. Under provisions of ASC 842, CoreCivic determined that the South Texas Family Residential Center lease with the third-party lessor includes a non-lease component for food services representing approximately 44% of the consideration paid under the lease.

The expense incurred for all operating leases, inclusive of short-term and variable leases, but exclusive of the non-lease food services component of the South Texas Family Residential Center lease, was $34.6 million, $34.9 million, and $34.8 million for the years ended December 31, 2021, 2020, and 2019, respectively.  The cash payments for operating leases are reflected as cash flows from operating activities on the accompanying consolidated statements of cash flows and cash payments for financing leases are reflected as cash flows from financing activities.  Future minimum lease payments as of December 31, 2021 for the Company's operating lease liabilities, inclusive of $136.5 million of payments expected to be made under the cancelable lease at the South Texas facility (excluding the non-lease food services component), are as follows (in thousands):

 

 

2022

 

$

32,778

 

2023

 

 

32,323

 

2024

 

 

32,244

 

2025

 

 

32,223

 

2026

 

 

24,982

 

Thereafter

 

 

14,570

 

  Total future minimum lease payments

 

 

169,120

 

Less amount representing interest

 

 

(25,203

)

  Total present value of minimum lease payments

 

$

143,917

 

 

 

In addition, through its CoreCivic Properties segment, as of December 31, 2021, the Company owned $193.3 million in property and equipment at 10 properties for lease to third parties and used by government agencies under operating and finance leases that expire over varying dates through 2040, some of which contain renewal options.  In accordance with ASC 842, minimum lease revenue is recognized on a straight-line basis over the term of the related lease. Lease incentives are recognized as a reduction to lease revenue on a straight-line basis over the term of the related lease. Lease revenue associated with expense reimbursements from tenants is recognized in the period that the related expenses are incurred based upon the tenant lease provision.  See Note 6 for further discussion regarding a 20-year lease agreement with the Kansas Department of Corrections ("KDOC").  Future undiscounted cash flows to be received from third-party lessees as of December 31, 2021 for the Company's operating and finance leases are as follows (in thousands):

 

2022

 

$

66,552

 

2023

 

 

62,959

 

2024

 

 

56,583

 

2025

 

 

52,991

 

2026

 

 

52,910

 

Thereafter

 

 

347,959