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LEASE COMMITMENTS
12 Months Ended
Dec. 31, 2011
LEASE COMMITMENTS [Abstract]  
LEASE COMMITMENTS
14. LEASE COMMITMENTS
 
As of December 31, 2011, as a lessee, ALC was committed under non-cancelable leases requiring future minimum rentals as follows:
 
   
Operating
Leases
 
   
(in thousands)
 
2012
 $18,546 
2013
  18,878 
2014
  19,026 
2015
  2,637 
2016
  1,214 
After 2016
  610 
Total minimum lease payments
 $60,911 
 
Lease agreement with LTC Properties, Inc.

Effective January 1, 2005, ALC entered into two new master lease agreements with LTC Properties, Inc. (“LTC”) relating to 37 residences leased to ALC by LTC.  Under the terms of the master lease agreements, the initial 10 year lease term commenced on January 1, 2005, with three successive 10-year lease renewal terms, which subject to certain conditions may be exercised at the option of ALC.  There are no significant economic penalties to ALC if it decides not to exercise the renewal options.  The aggregate minimum rent payments for the LTC leases for the calendar year 2011 was $11.4 million.  The minimum rent will increase by 2% over the prior year's minimum rent for each of the calendar years 2012 through 2014.  Annual minimum rent during any renewal term will increase a minimum of 2% over the minimum rent of the immediately preceding year.  ALC accounts for the effect of scheduled rent increases on a straight-line basis over the lease term.
 
LTC obtained financing for five of the leased properties in the State of Washington through the sale of revenue bonds that contain certain terms and conditions within the debt agreements.  ALC must comply with these terms and conditions and failure to adhere to those terms and conditions may result in an event of default to the lessor and termination of the lease.  Refer to Note 15 for further details.

Lease agreement with Assisted Living Facilities, Inc. (“ALF”)

ALC had leased five properties in the State of Oregon with ALF until the close of business on December 31, 2009, that contained options to purchase the properties in July 2009.  At the inception of the lease, the options were determined to be at bargain purchase prices, requiring the classification of these leases as capital leases.  ALC elected not to exercise the purchase option and ceased operations at four of the buildings on December 31, 2009.  Based on the terms of the original agreement, the fifth building reverted back to its original operating lease.  ALF obtained financing for these properties through the sale of revenue bonds that contain certain terms and conditions within the debt agreements.  ALC must continue to comply with these terms and conditions with respect to the one building ALC continues to operate and failure to adhere to those terms and conditions may result in an event of default to the lessor and termination of the lease.

Lease agreements with Ventas, Inc.

On January 1, 2008, a wholly-owned subsidiary of ALC acquired the operations of eight assisted and independent living residences consisting of a total of 541 leased units for a purchase price including fees and expenses of $14.8 million.  The lease has an initial term expiring in March 2015 with three five-year renewal options.  Aggregate minimum rent payments for the remainder of the initial lease term (years 2012 through 2015) are $5.5 million, $5.6 million, $5.8 million, and $1.4 million (three months), respectively.  The minimum rent for each year of the first renewal option term is scheduled to increase by 3.0% over the prior year's minimum rent.  The minimum rent for each year of the second renewal option term is scheduled to increase by the greater of 3.0% or 75% of the consumer price index over the prior year's minimum rent.  The rental rate for the final five-year renewal option is subject to negotiation.  ALC accounts for the effect of scheduled rent increases on a straight-line basis over the lease term.

In connection with the lease, ALC guarantees certain performance and payment obligations, including minimum occupancy, net worth, and capital expenditures per residence levels and minimum fixed charge coverage ratios.  Failure to comply with these covenants could result in events of default under the lease and the guaranty.  At December 31, 2011, ALC was in compliance with all covenants.

Effective January 1, 2002, ALC entered into a master lease and security agreement with Nationwide Health Properties, Inc. (“NHP”, acquired by Ventas, Inc. in July 2011)  relating to four residences leased to ALC by NHP. Under the terms of the master lease agreement, the initial 5 year lease term commenced on January 1, 2002, and there were seven successive 5-year lease renewal terms, to be exercised at the option of ALC at rents determined by the fair market value of the property at the time of the renewal.  There are no significant economic penalties to ALC if it decides not to exercise the renewal options. ALC exercised its second 5-year  lease renewal resulting in no change in rent from 2011 to 2012.  The aggregate minimum rent payments for the NHP leases for the calendar year 2011 were $1.1 million.  Rent will increase by the lesser of two times the CPI or 2%, over the prior year's rent for the calendar year 2013 through 2016.

HCPI lease agreement

On November 1, 2010, ALC completed the acquisition of nine senior living residences from HCP, Inc.  The nine residences were previously leased and operated by ALC under leases expiring between November 2010 and May 2012.  The cash purchase price was $27.5 million plus certain transaction costs.  See Note 3 Acquisitions for further details.  The nine residences, two of which are located in New Jersey and seven in Texas, contain a total of 365 units.