Leases | 9. Leases The Company acquired ATHI on July 1, 2021, ATHI’s wholly owned subsidiary had entered into an operating lease agreement for certain real property located at 950 Evernia Street, West Palm Beach, Florida, with effect from February 1, 2019 for a period of three years, expiring on 1 February 2022. Under the terms of the lease agreement, the lease was extended during October 2021 for a further 5-year period until 1 February 2027. As described in note 7 above, on October 3, 2022 the Company entered into a purchase and sale agreement with Evernia Station Limited Partnership for the purchase of 950 Evernia Street, West Palm Beach, Florida, the property in which it operates its treatment center, for gross proceeds of $5,500,000. On August 3, 2023, after 6 addendums to the agreement, the Company closed on the acquisition of the property. This resulted in the termination of the lease with Evernia station, resulting in the reversal of the remaining right-of-use asset of $1,226,080 and the associated operating lease liability of $1,328,803, which liability included $102,723 of accrued rental, which was offset against the rental expense. On August 4, 2023, the Company entered into a long-term lease for 950 Evernia Street, West Palm Beach, Florida with an initial term of twenty years, and two ten-year extension options. The lessor is Pontus EHC Palm Beach, LLC , a Delaware limited liability company and a portfolio company of Pontus Net Lease Advisors, LLC. The lease is absolutely net and the lease cost for the initial year is $748,000 paid monthly. The lease increases at a rate of 2.75% per year for a total term lease obligation of $19,595,653 over the initial twenty-year term. The Lease is personally guaranteed by the Company President and the guarantee may be released after 5 years based on certain financial and performance metrics being met. Due to the initial lease term of twenty years, the Company is not certain that the extension periods will be exercised at this point in time and accordingly, these have been excluded from the present value of the minimum future lease payments. To determine the present value of minimum future lease payments for operating leases at August 4, 2023, the Company was required to estimate a rate of interest that we would have to pay to borrow on a collateralized basis over a similar term in a similar economic environment (the "incremental borrowing rate" or "IBR"). The Company determined the appropriate IBR by identifying a reference rate and making adjustments that take into consideration financing options and certain lease-specific circumstances. For the reference rate, the Company used the Fannie Mae, in excess of $3,000,000 rate based on an 80% value to loan ratio, averaging the 15- and 30-year indicative rates, resulting in a rate of 7.70%. The Company determined that 7.70% per annum was an appropriate incremental borrowing rate to apply to its real estate operating lease. The present value of the future minimum lease payments was valued at $9,333,953 on August 4, 2023. On May 1, 2024 the Company, through its subsidiary Evernia Health Center LLC, entered into a Definitive Agreement whereby the Company would assume the lease for suites 100,101, 201, 202 and 203 located at 899 Meadows Road, Boca Raton, Florida (the “Leased Premises”) and the furniture, fixtures and equipment located therein, upon the assignment of the lease from the property owner. The lease was assigned on June 10, 2024 and the Company entered into a Bill of Sale to give effect to the Definitive Agreement. The purchase price was $240,000 which was settled by a deposit of $20,000 and a cash payment of $220,000 and the payment to the Seller of $83,393 for the assumption of the security deposit held by the landlord of the Leased Premises located at 899 Meadows Road The assigned lease has a remaining term of 3 years, expiring on June 30, 2027, with an initial monthly lease cost of $21,843 from July 1, 2024 to December 31, 2024, escalating by 2.9% per annum, each annual period being a calendar year. To determine the present value of minimum future lease payments for operating leases at June 10, 2024, the Company was required to estimate a rate of interest that we would have to pay to borrow on a collateralized basis over a similar term in a similar economic environment (the "incremental borrowing rate" or "IBR"). The Company determined the appropriate IBR by identifying a reference rate and making adjustments that take into consideration financing options and certain lease-specific circumstances. For the reference rate, the Company used the Bank rate 3/1 adjustable-rate mortgage which represents the average rate for several mortgage lenders in the market of 6.36%. The Company determined that 6.36% per annum was an appropriate incremental borrowing rate to apply to its real estate operating lease. The present value of the future minimum lease payments was valued at $744,256 on June 10, 2024. Right of use assets are included in the consolidated balance sheet are as follows: Schedule of right of use assets are included in the consolidated balance June 30, December 31, Non-current assets Right-of-use assets – finance leases, net of depreciation, included in Property and equipment $ 21,294 $ 26,889 Right-of-use assets - operating leases, net of amortization $ 10,052,463 $ 9,323,723 Lease costs consists of the following: Schedule of lease costs Six months ended June 30, 2024 2023 Finance lease cost: Amortization of right-of-use assets $ 5,595 $ 5,595 Interest expense on finance lease liabilities 771 1,031 Total finance lease cost 6,366 6,626 Operating lease cost $ 374,000 $ 173,644 Lease cost $ 380,366 $ 180,270 Other lease information: Schedule of other lease Six months ended June 30, 2024 2023 Cash paid for amounts included in the measurement of lease liabilities Operating cash flows from finance leases $ (771 ) $ (1,031 ) Operating cash flows from operating leases (374,000 ) (173,644 ) Financing cash flows from finance leases (4,144 ) (3,883 ) Cash paid for amounts included in the measurement of lease liabilities $ (378,915 ) $ (178,558 ) Weighted average lease term – finance leases 2 years and 5 months 3 years and 4 months Weighted average remaining lease term – operating leases 18 years 3 years and 7 months Discount rate – finance leases 6.58 % 6.61 % Discount rate – operating leases 7.60 % 4.64 % Maturity of Leases Finance lease liability The amount of future minimum lease payments under finance leases are as follows: Schedule of future minimum lease payments under finance leases Amount Remainder of 2024 $ 4,915 2025 9,829 2026 6,195 2027 1,707 Total finance lease 22,646 Imputed interest (1,915 ) Total finance lease liability $ 20,731 Disclosed as: Current portion $ 8,714 Non-Current portion 12,017 Lease liability $ 20,731 Operating lease liability The amount of future minimum lease payments under operating leases are as follows: Schedule of future minimum lease payments under operating leases Amount Remainder of 2024 $ 511,915 2025 1,045,192 2026 1,074,288 2027 961,526 2028 841,379 2029 and thereafter 15,358,663 Total undiscounted minimum future lease payments 19,792,963 Imputed interest (9,526,750 ) Total operating lease liability $ 10,266,213 Disclosed as: Current portion $ 271,457 Non-Current portion 9,990,756 Lease liability $ 10,266,213 |