Annual report pursuant to Section 13 and 15(d)

Leases

v3.22.4
Leases
12 Months Ended
Dec. 31, 2022
Leases [Abstract]  
Leases

14. Leases

Lessee

As of December 31, 2022, the Company leased 1,144 of the convenience stores that it operates, 173 independent dealer locations, 113 cardlock locations and certain office and storage spaces, including land and buildings in certain cases. Most of the lease agreements are for long-term periods, ranging from 15 to 20 years, and generally include several renewal options for extension periods for five to 25 years each. Additionally, the Company leases certain store equipment, office equipment, automatic tank gauges and fuel dispensers.

As of December 31, 2022, there are approximately 775 sites which are leased under 38 separate master lease agreements. Master leases with 10 lessors encompass a total of approximately 735 sites. Master leases with the same landlord contain cross-default provisions, in most cases. In most instances of leases of multiple stores from one landlord, each one under a separate lease agreement, the lease agreements contain cross-default provisions between all or some of the other lease agreements with the same landlord.

The lease agreements include lease payments that are set at the beginning of the lease, but which may increase by a specified increment or pursuant to a formula both during the course of the initial period and any additional option periods.

Some of the lease agreements include escalation clauses based on the consumer price index, with the majority of these lease agreements including an increase in the consumer price index coupled with a multiplier and a percentage increase cap which effectively assures the cap will be reached each year. Lease payments determined as in-substance fixed payments are included in the lease payments used for the measurement of the lease liabilities. Some of the lease agreements include lease payments which are contingent upon fuel and merchandise sales (these amounts were not material during the above periods). In some of the lease agreements, the right of first refusal to purchase the sites from the lessor is given and in some of the lease agreements an option to purchase the sites from the lessor is given.

The leases are typically triple net leases whereby the lessor is responsible for the repair and maintenance at the site, insurance and property taxes in addition to environmental compliance.

The components of lease cost recorded on the consolidated statements of operations were as follows:

 

 

 

For the Year Ended December 31,

 

 

 

2022

 

 

2021

 

 

2020

 

 

 

(in thousands)

 

 

 

 

Finance lease cost:

 

 

 

 

 

 

 

 

 

Depreciation of right-of-use assets

 

$

12,061

 

 

$

13,393

 

 

$

12,743

 

Interest on lease liabilities

 

 

17,041

 

 

 

17,515

 

 

 

17,391

 

Operating lease costs included in store
   operating expenses

 

 

142,730

 

 

 

131,106

 

 

 

112,541

 

Operating lease costs included in general and
   administrative expenses

 

 

1,753

 

 

 

1,652

 

 

 

1,404

 

Lease cost related to variable lease payments,
   short-term leases and leases of low value
   assets

 

 

2,390

 

 

 

2,037

 

 

 

1,153

 

Right-of-use asset impairment charges

 

 

1,661

 

 

 

1,799

 

 

 

2,352

 

Total lease costs

 

$

177,636

 

 

$

167,502

 

 

$

147,584

 

 

For the years ended December 31, 2022, 2021 and 2020, total cash outflows for leases amounted to approximately $139.0 million, $128.4 million and $106.3 million for operating leases, respectively, and $23.6 million, $25.0 million and $24.7 million for financing leases, respectively.

Supplemental balance sheet data related to leases was as follows:

 

 

 

As of December 31,

 

 

 

2022

 

 

2021

 

 

 

(in thousands)

 

Operating leases

 

 

 

 

 

 

Assets

 

 

 

 

 

 

Right-of-use assets under operating leases

 

$

1,203,188

 

 

$

1,064,982

 

Liabilities

 

 

 

 

 

 

Operating leases, current portion

 

 

57,563

 

 

 

51,261

 

Operating leases

 

 

1,218,045

 

 

 

1,076,905

 

Total operating leases

 

 

1,275,608

 

 

 

1,128,166

 

Weighted average remaining lease term (in years)

 

 

14.1

 

 

 

14.1

 

Weighted average discount rate

 

 

7.7

%

 

 

7.3

%

Financing leases

 

 

 

 

 

 

Assets

 

 

 

 

 

 

Right-of-use assets

 

$

232,986

 

 

$

236,963

 

Accumulated amortization

 

 

(50,873

)

 

 

(44,585

)

Right-of-use assets under financing leases, net

 

 

182,113

 

 

 

192,378

 

Liabilities

 

 

 

 

 

 

Financing leases, current portion

 

 

5,457

 

 

 

6,383

 

Financing leases

 

 

225,907

 

 

 

229,215

 

Total financing leases

 

 

231,364

 

 

 

235,598

 

Weighted average remaining lease term (in years)

 

 

23.4

 

 

 

23.8

 

Weighted average discount rate

 

 

7.2

%

 

 

7.3

%

 

As of December 31, 2022, maturities of lease liabilities for operating lease obligations and financing lease obligations having an initial or remaining non-cancellable lease terms in excess of one year were as follows. The minimum lease payments presented below include periods where an option is reasonably certain to be exercised and do not take into consideration any future consumer price index adjustments for these agreements.

 

 

 

Operating

 

 

Financing

 

 

 

(in thousands)

 

2023

 

$

151,974

 

 

$

21,974

 

2024

 

 

153,275

 

 

 

20,922

 

2025

 

 

154,183

 

 

 

21,039

 

2026

 

 

153,603

 

 

 

20,664

 

2027

 

 

151,580

 

 

 

20,719

 

Thereafter

 

 

1,398,188

 

 

 

424,787

 

Gross lease payments

 

$

2,162,803

 

 

$

530,105

 

Less: imputed interest

 

 

(887,195

)

 

 

(298,741

)

Total lease liabilities

 

$

1,275,608

 

 

$

231,364

 

 

Lessor

The Company leases and subleases owned and leased properties to independent dealers and other tenants and subtenants which are accounted for as operating subleases. The majority of leases and subleases are for periods of up to 10 years, which may be a fixed period or a shorter period with an option or series of renewal options, and in certain cases with additional renewal options past such 10-year period. Some of the lease agreements include lease payments which are based upon such tenant’s or subtenants’ sales subject to fixed minimum lease payments. At the time that an agreement is entered into, the independent dealers and other tenants and subtenants often post a security deposit as collateral. Total operating sublease income was approximately $22.1 million, $20.7 million and $11.8 million for the years ended December 31, 2022, 2021 and 2020, respectively. Sublease income is included in other revenues, net in the consolidated statements of operations.

As of December 31, 2022, the future minimum cash payments to be received under these operating subleases that have initial or remaining non-cancelable terms in excess of one year were as follows:

 

 

 

Amount

 

 

 

(in thousands)

 

2023

 

$

21,449

 

2024

 

 

16,039

 

2025

 

 

14,646

 

2026

 

 

12,799

 

2027

 

 

10,048

 

Thereafter

 

 

31,340

 

 

 

$

106,321