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Commitments and Contingencies
12 Months Ended
Dec. 31, 2022
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Commitments and Contingencies
 
Operating Leases
 
As of December 31, 2022, 13 of Company's hotel properties were subject to ground lease agreements that cover the land underlying the respective hotels. The ground leases are classified as operating leases. The total ground lease expense was $15.9 million for the year ended December 31, 2022, which consisted of $11.9 million of fixed lease expense and $4.0 million of variable lease expense. The total ground lease expense was $13.1 million for the year ended December 31, 2021, which consisted of $11.6 million of fixed lease expense and $1.5 million of variable lease expense. The total ground lease expense was $12.4 million for the year ended December 31, 2020, which consisted of $11.6 million of fixed lease expense and $0.8 million of variable lease expense. The total ground lease expense is included in property tax, insurance and other in the accompanying consolidated statements of operations and comprehensive income (loss).
The Company's ground leases consisted of the following (in thousands):
Ground Lease Expense
For the year ended December 31,
Hotel Property NameInitial Term ExpirationExtension Term(s) Expiration202220212020
Wyndham Boston Beacon Hill2028$803 $556 $400 
Wyndham San Diego Bayside20295,009 4,042 4,100 
DoubleTree Suites by Hilton Orlando Lake Buena Vista203220571,005 666 300 
Residence Inn Palo Alto Los Altos203386 86 100 
Wyndham Pittsburgh University Center20382083726 726 700 
Marriott Louisville Downtown2053  2153 (1)— — — 
Embassy Suites San Francisco Airport Waterfront20591,646 1,239 1,200 
Wyndham New Orleans French Quarter2065487 487 500 
Courtyard Charleston Historic District20961,044 1,019 950 
Courtyard Austin Downtown Convention Center and Residence Inn Downtown Convention Center2100922 555 449 
Courtyard Waikiki Beach21123,922 3,742 3,700 
Moxy Denver Cherry Creek2115258 — 
$15,908 $13,123 $12,399 

(1) The lease may be extended up to four twenty-five year terms at the Company's option.

The future lease payments for the Company's operating leases are as follows (in thousands):
December 31, 2022
2023$11,617 
202411,375 
202510,443 
202610,352 
202710,097 
Thereafter532,440 
Total future lease payments586,324 
Imputed interest(469,314)
Lease liabilities$117,010 

The following table presents certain information related to the Company's operating leases as of December 31, 2022:

Weighted average remaining lease term65 years
Weighted average discount rate 7.11 %
Restricted Cash Reserves
 
The Company is obligated to maintain cash reserve funds for future capital expenditures at the hotels (including the periodic replacement or refurbishment of FF&E) as determined pursuant to the management agreements, franchise agreements and/or mortgage loan documents. The management agreements, franchise agreements and/or mortgage loan documents require the Company to reserve cash ranging typically from 3.0% to 5.0% of the individual hotel’s revenues. Any unexpended amounts will remain the property of the Company upon termination of the management agreements, franchise agreements or mortgage loan documents. As of December 31, 2022 and 2021, approximately $55.1 million and $48.5 million, respectively, was available in the restricted cash reserves for future capital expenditures, real estate taxes and insurance, and debt obligations where certain lenders held restricted cash due to a cash trap event.
 
Litigation
 
Neither the Company nor any of its subsidiaries is currently involved in any regulatory or legal proceedings that management believes will have a material and adverse effect on the Company's financial position, results of operations or cash flows.

Management Agreements

As of December 31, 2022, 96 of the Company's consolidated hotel properties were operated pursuant to management agreements with initial terms ranging from one to 25 years, with 17 different management companies as noted in the table below. This number includes 35 consolidated hotel properties that receive the benefits of a franchise agreement pursuant to management agreements with Hilton, Hyatt, Marriott, or other management companies.
Management CompanyNumber of
Hotel Properties
Accor Hotels1
Aimbridge Hospitality 31
Colwen Management, Inc.1
Concord Hospitality Enterprises Company1
Crestline Hotels and Resorts1
Davidson Hotels and Resorts2
Hilton Management and affiliates20
HEI Hotels and Resorts2
Hersha Hospitality Management & Urgo Hotels (1)7
Highgate Hotels3
Hyatt Corporation and affiliates11
InnVentures (2)3
Marriott International, Inc.3
Pyramid1
Sage Hospitality5
White Lodging Services4
96

(1) Urgo Hotels is a wholly owned subsidiary of Hersha Hospitality Management.
(2) InnVentures is a subsidiary of Highgate Hotels.

Each management company receives a base management fee between 1.75% and 3.5% of hotel revenues. Management agreements that include the benefits of a franchise agreement incur a base management fee between 2.0% and 7.0% of hotel revenues. The management companies are also eligible to receive an incentive management fee if hotel operating income, as defined in the management agreements, exceeds certain thresholds. The incentive management fee is generally calculated as a percentage of hotel operating income after the Company has received a priority return on its investment in the hotel.
Management fees are included in management and franchise fee expense in the accompanying consolidated statements of operations and comprehensive income (loss). For the years ended December 31, 2022, 2021 and 2020, the Company incurred management fee expense of approximately $38.8 million, $24.2 million and $13.2 million, respectively.

Franchise Agreements

As of December 31, 2022, 59 of the Company's consolidated hotel properties were operated under franchise agreements with initial terms ranging from one to 30 years. This number excludes 35 consolidated hotel properties that receive the benefits of a franchise agreement pursuant to management agreements with Hilton, Hyatt, Marriott, or other management companies. In addition, two hotels are not operated with a hotel brand so they do not have franchise agreements. Franchise agreements allow the hotel properties to operate under the respective brands. Pursuant to the franchise agreements, the Company pays a royalty fee between 2.0% and 6.0% of room revenue, plus additional fees for marketing, central reservation systems and other franchisor costs between 1.0% and 4.3% of room revenue. Certain hotels are also charged a royalty fee between 1.5% and 3.0% of food and beverage revenues.

Franchise fees are included in management and franchise fee expense in the accompanying consolidated statements of operations and comprehensive income (loss). For the years ended December 31, 2022, 2021 and 2020, the Company incurred franchise fee expense of approximately $60.9 million, $43.2 million and $25.6 million, respectively.

Wyndham Agreements

In 2019, the Company entered into an agreement with Wyndham to terminate the net operating income guarantee effective December 31, 2019 and received termination payments totaling $36.0 million from Wyndham. In addition, during the year ended December 31, 2021, the Company extended certain Wyndham management agreements to December 31, 2022. During the year ended December 31, 2022, the Company terminated the remaining Wyndham management agreements. For the years ended December 31, 2022, 2021 and 2020, the Company recognized approximately $4.1 million, $14.1 million, and $17.8 million, respectively, as a reduction to management and franchise fee expense related to the amortization of the termination payments over the remaining terms of the management agreements. The termination payments were fully recognized as of December 31, 2022.

Other
During the year ended December 31, 2020, the Company incurred approximately $8.7 million in corporate and property-level severance costs as a result of the COVID-19 pandemic. This amount includes $6.7 million for the year ended December 31, 2020 related to severance for associates at the Company's New York City hotels operating under collective bargaining agreements. The severance costs are included in other operating expense in the accompanying consolidated statement of operations and comprehensive income (loss).