Quarterly report pursuant to Section 13 or 15(d)

Commitments and contingencies

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Commitments and contingencies
3 Months Ended
Mar. 31, 2016
Commitments and Contingencies Disclosure [Abstract]  
Commitments and contingencies
Commitments and contingencies:
 
Operating leases:
The Company is obligated under several operating leases for the restaurants, equipment and office space, expiring in various years through 2031, which provide for minimum annual rentals, escalations, percentage rent, common area expenses or increases in real estate taxes.
 
Future minimum rental commitments under the leases and minimum future rental income per the sublease in five years subsequent to March 31, 2016 and thereafter are as follows:
 
Year Ending 
 December 31,
 
Expense
 
Income
 
Net
Amount
2016
 
$
6,349,204

 
$
(843,207
)
 
$
5,505,997

2017
 
7,846,622

 
(691,015
)
 
7,155,607

2018
 
7,949,554

 
(690,980
)
 
7,258,574

2019
 
8,060,658

 
(706,235
)
 
7,354,423

2020
 
8,314,713

 
(675,768
)
 
7,638,945

Thereafter
 
100,509,775

 
(121,656
)
 
100,388,119

Total
 
$
139,030,526

 
$
(3,728,861
)
 
$
135,301,665


 
Rent expense (including percentage rent of $83,773 and $71,428 for the three months ended March 31, 2016 and 2015, respectively), included in continued operations, amounted to $1,456,623 and $937,700 for the three months ended March 31, 2016 and 2015, respectively. Rent expense included in continuing operations has been reported in the consolidated statements of operations and comprehensive loss net of rental income of $214,042 and $179,186 for the three months ended March 31, 2016 and 2015, respectively, related to subleases with related and unrelated parties which expire through 2025.

 
License and management fees:
Pursuant to its amended and restated operating agreement executed in June 2007, Bridge Hospitality, LLC ("Bridge") (a consolidated entity) is obligated to pay management fees equal to 2% of revenues to a member for the life of the agreement. Bridge ceased operations in 2015. Management fees amounted to $20,629 for the three months ended March 31, 2015. Included in accounts payable at December 31, 2015 are amounts due for management fees of $6,219.

In January 2010, STK Vegas entered into a management agreement with a third party for a term of 10 years, with two five-year option periods. Under this agreement, STK Vegas shall receive a management fee equal to 5% of gross sales, as defined (“gross sales fee”) plus 20% of net profits prior to the investment breakeven point date and 43% of net profits thereafter (“incentive fee”). In addition, STK Vegas is entitled to receive a development fee equal to $200,000. The Company has elected to receive a credit against a portion of its obligation (estimated at approximately $387,000) to fund the build-out in lieu of receiving the $200,000. Management fees amounted to $1,276,984 and $1,059,993 for the three months ended March 31, 2016 and 2015, respectively.
 
In July 2009, One 29 Park Management (a related party) entered into an agreement with a third party. Under this agreement, One 29 Park Management shall receive a management fee equal to 5% of gross revenues, as defined, from the restaurant, banquets, room service and rooftop sales and 50% of the base beverage fee, as defined, for the life of the management agreement which expires in 2025. Management fees amounted to $107,160 and $112,853 for the three months ended March 31, 2016 and 2015, respectively.
 
In July 2010, Hip Hospitality UK entered into a management agreement with a third party to manage and operate the F&B operations in the Hippodrome Casino in London. Under this agreement, Hip Hospitality UK shall receive a management fee equal to 5.5% of total revenue, as defined, as well as an incentive fee if certain conditions are met, for the life of the management agreement which expires in 2022. Management fees amounted to $157,152 and $172,612 for the three months ended March 31, 2016 and 2015, respectively. Included in accounts receivable and other assets at March 31, 2016 and December 31, 2015 are amounts due for management fees and reimbursable expenses of $189,386 and $443,989, respectively.
 
In December 2011, TOG Aldwych entered into a management agreement with a third party to operate a restaurant, bar and lounges in the ME Hotel in London. Under this agreement, TOG Aldwych shall receive a management fee equal to 5% of receipts received from F&B operations. In addition, TOG Aldwych is entitled to receive a monthly marketing fee equal to 1.5% of receipts received from F&B operations and an additional fee equal to 65% of net operating profits, as defined, for the life of the management agreement which expires in 2032. Management fees amounted to $241,492 and $267,515 for the three months ended March 31, 2016 and 2015. Included in accounts receivable at March 31, 2016 and December 31, 2015 are amounts due for management fees of $290,638 and $449,874, respectively.

In May 2013, CA Aldwych entered into a management agreement with a third party to operate a restaurant in the ME Hotel in London. Under this agreement, CA Aldwych shall receive a management fee equal to 5% of receipts received from F&B operations. In addition, CA Aldwych is entitled to receive a monthly marketing fee equal to 1.5% of receipts received F&B operations. Management fees amounted to $18,530 and $20,730 for the three months ended March 31, 2016 and 2015. Included in accounts receivable at March 31, 2016 and December 31, 2015 are amounts due for management fees of $22,331 and $74,546, respectively.

In June 2014, TOG (Milan) S.R.L. entered into a management agreement with Sol Melia Italia S.R.L. to operate a restaurant, rooftop bar and F&B services at the ME Milan Il Duca hotel in Milan, Italy. TOG (Milan) S.R.L. shall receive a management fee equal to 5% of operating revenue, as defined, and an additional fee equal to 65% of net operating revenue, as defined, for the life of the management agreement which expires in 2025. In addition, TOG (Milan) S.L.R. is entitled to receive a monthly marketing fee equal to 1.5% of operating revenues. Management fees amounted to $86,106 and $0 for the three months ended March 31, 2016 and 2015, respectively. Included in accounts receivable and other assets at March 31, 2016 and December 31, 2015 are amounts due for management fees of $107,848 and $116,342, respectively.