Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

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Commitments and Contingencies
12 Months Ended
Oct. 01, 2017
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies

Note 7 — Commitments and Contingencies

 

Rental Payments under Non-cancelable Operating Leases

 

Optex Systems Holdings leases its office and manufacturing facilities for the Optex Systems, Inc., Richardson address and the Applied Optics Center Dallas address, under non-cancellable operating leases.

 

The leased facility under Optex Systems Inc. at 1420 Presidential Drive, Richardson, Texas consists of 49,100 square feet of space and expires March 31, 2021. Pursuant to the terms of the most recent amendment to the Richardson site facilities lease, there was no base rent payment due from January 1, 2014 through March 31, 2014, with payments beginning April 2014, and annual rental payment inflationary increases between 3.4% and 4.8% occurring each year beginning in 2016.

 

The leased facility under the Applied Optics Center at 9839 and 9827 Chartwell Drive, Dallas, Texas, consists of 44,867 square feet of space at the premises. On November 17, 2016, we received a countersigned new lease for the Applied Optics Center from the landlord, dated October 21, 2016, and which commenced retroactive to October 1, 2016. The new lease term will expire on October 31, 2021, with two renewal options available to the tenant, each with a renewal term duration of five years. The monthly base rent is $19.4 thousand through September 30, 2017 and escalates approximately 3% October 1, each year thereafter through 2021. The lease includes a one month base rent abatement for October 1 through October 31, 2016 for $19.4 thousand. The monthly rent includes approximately $4.9 thousand for additional Common Area Maintenance fees and taxes (CAM), to be adjusted annually based on actual expenses incurred by the landlord. The total monthly rent including CAM is $24.3 thousand beginning November 1, 2016. Our obligations to make payments under the lease are secured by a $250,000 standby letter of credit which we may be reduced to $125,000 on October 31, 2019.

 

As of October 1, 2017 the unamortized deferred rent was $123 thousand as compared to $108 thousand as of October 2, 2016. Deferred rent expense is amortized monthly over the life of the leases.

 

As of October 1, 2017, the remaining minimum base lease and estimated common area maintenance (CAM) payments under the non-cancelable office and facility space leases are as follows:

 

Non-cancellable Operating Leases Minimum Payments 

 

    (Thousands)  
    Optex Systems Richardson     Applied Optics Center Dallas        
Fiscal Year   Lease
Payments
    CAM
Estimate
    Lease
Payments
    CAM
Estimate
    Total
Payments
 
2018   $ 271     $ 108     $ 240     $ 60     $ 679  
2019     281       110       248       61       700  
2020     291       112       255       62       720  
2021     147       57       262       63       529  
2022                 22       5       27  
Total minimum lease payments   $ 990     $ 387     $ 1,027     $ 251     $ 2,655  

 

Total expense under both facility lease agreements as of the twelve months ended October 1, 2017 was $655 thousand. Total expense under both facility lease agreements as of the twelve months ended October 2, 2016 was $627 thousand.