COMMITMENTS AND CONTINGENCIES | (7) COMMITMENTS AND CONTINGENCIES: Construction Contracts (a) 7990 Davie Road Extension, Hollywood, Florida (Store #19 – “Big Daddy’s Wine & Liquors”) During the third quarter of our fiscal year 2019, we entered into an agreement with a third party unaffiliated general contractor for site work at this location totaling $1,618,000, (i) to connect the real property where this restaurant operated (Store #19) to city sewer and (ii) to construct a new building on the adjacent parcel of real property for the operation of a package liquor store. During our fiscal years 2020, 2021 and 2022, we agreed to change orders to the agreement for additional construction services increasing the total contract price by $624,000 to $2,242,000 and subsequent to the end of the first quarter of our fiscal year 2023 we agreed to change orders to the agreement for additional construction services increasing the total contract price by $71,000 to $2,313,000, of which $1,682,000 of the total amount obligated has been paid through December 31, 2022 and an additional $400,000 has been paid subsequent to the end of the first quarter of our fiscal year 2023 through the date of filing of this quarterly report. (b) 2505 N. University Drive, Hollywood, Florida (Store #19 – “Flanigan’s”) During the third quarter of our fiscal year 2019, we entered into an agreement with an unaffiliated third party architect for design and development services totaling $77,000 for the re-build of our restaurant located at 2505 N. University Drive, Hollywood, Florida (Store #19), which has been closed since October 2, 2018 due to damages caused by a fire, of which $62,000 has been paid. During the first quarter of our fiscal year 2022, we entered into an agreement with a third party unaffiliated general contractor to re-build our restaurant at this location totaling $2,515,000, of which none has been paid. (c) 14301 W. Sunrise Boulevard, Sunrise, Florida (Store #85 – “Flanigan’s”) During the second quarter of our fiscal year 2022, we entered into an agreement with a third party unaffiliated general contractor for exterior renovations at this location totaling $343,000 and through our fiscal year 2023 we agreed to change orders to the agreement for additional interior renovations increasing the total contract price by $74,000 to $417,000, of which $353,000 has been paid through December 31, 2022 and $64,000 has been paid subsequent to the end of the first quarter of our fiscal year 2023 through the date of filing of this quarterly report. (d) 11225 Miramar Parkway, #250, Miramar, Florida (“Flanigan’s”) During the second quarter of our fiscal year 2022, we entered into an agreement with a third party unaffiliated general contractor for interior renovations at this location totaling $1,421,000, and through the first quarter of our fiscal year 2023 we agreed to change orders to the agreement increasing the total contract price by $290,000 to $1,711,000 of which $1,159,000 has been paid through December 31, 2022 and $141,000, has been paid subsequent to the end of the first quarter of our fiscal year 2023 through the date of filing of this quarterly report. (e) 11225 Miramar Parkway, #245, Miramar, Florida (“Big Daddy’s Wine & Liquors”) During the first quarter of our fiscal year 2022, we entered into an agreement with a third party unaffiliated general contractor for interior renovations at this location totaling $317,000, and through the first quarter of our fiscal year 2023 we agreed to change orders to the agreement increasing the total contract price by $45,000 to $369,000 of which $316,000 has been paid through December 31, 2022 and $16,000 has been paid subsequent to the end of the first quarter of our fiscal year 2023 through the date of filing of this quarterly report. Leases To conduct certain of our operations, we lease restaurant and package liquor store space in South Florida from unrelated third parties. Our leases have remaining lease terms of up to 10 years, some of which include options to renew and extend the lease terms for up to an additional 30 years. We presently intend to renew some of the extension options available to us and for purposes of computing the right-of-use assets and lease liabilities required by ASC 842, we have incorporated into all lease terms which may be extended, an additional term of the lesser of (i) the amount of years the lease may be extended; or (ii) 15 years. Following adoption of ASC 842 during the year ended October 3, 2020, common area maintenance and property taxes are not considered to be lease components. The components of lease expense are as follows: 13 Weeks 13 Weeks Ended December 31, 2022 Ended January 1, 2022 Operating Lease Expense, which is included in occupancy costs $ 956,000 $ 1,244,000 Supplemental balance sheet information related to leases as follows: Classification on the Condensed Consolidated Balance Sheet December 31, 2022 October 1, 2022 Assets Operating lease assets $ 28,907,000 $ 29,517,000 Liabilities Operating current liabilities $ 2,289,000 $ 2,253,000 Operating lease non-current liabilities $ 27,698,000 $ 28,281,000 Weighted Average Remaining Lease Term: Operating leases 10.58 Years 10.82 Years Weighted Average Discount: Operating leases 4.75 % 4.66 % The following table outlines the minimum future lease payments for the next five years and thereafter: For fiscal year Operating 2023 (nine (9) months) $ 2,662,000 2024 3,622,000 2025 3,616,000 2026 3,450,000 2027 3,353,000 Thereafter 25,194,000 Total lease payments (Undiscounted cash flows) 41,897,000 Less imputed interest (11,910,000 ) Total $ 29,987,000 Litigation Our sale of alcoholic beverages subjects us to “dram shop” statutes, which allow an injured person to recover damages from an establishment that served alcoholic beverages to an intoxicated person. If we receive a judgment substantially in excess of our insurance coverage or if we fail to maintain our insurance coverage, our business, financial condition, operating results or cash flows could be materially and adversely affected. We currently have no “dram shop” claims. From time to time, we are a party to various other claims, legal actions and complaints arising in the ordinary course of our business, including claims resulting from “slip and fall” accidents, claims under federal and state laws governing access to public accommodations, employment-related claims and claims from guests alleging illness, injury or other food quality, health or operational concerns. It is our opinion, after consulting with legal counsel, that all such matters are without merit or involve such amounts that an unfavorable disposition, some of which is covered by insurance, would not have a material adverse effect on our financial position or results of operations. |