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SR-04-04-1978-11DCON F5 'r Santa Monica, Califor,.la April 4, 1978 TO: Mayor and City Council FROM: City Staff SUBJECT: Approval of Change of Pier Lessee - -- Port Cafe Introduction: This report covers the change of lessee dba Santa Monica Port Cafe on the Santa Monica Pier from Mr. and Mrs. Song Ryang to Mr. Yun Suk Seo. It describes the new lessee's background, the appropriate Pier Master Lease sections, and recommends the approval of the City Council. Background: The present lessee of the Port Cafe, which is on the extreme end of the Pier on the lower deck, has asked for the approval of City Council for his plans to assign his interest in the lease to Mr. Yun Seo. Mr. Seo is a former major in the Korean Marines, Blue Dragon Divis- ion, and was trained at Quantico, Virginia. After serving two years in Viet Nam and being wounded in action, he was trained for three years in this country in the food service business. He lives with his wife and children in the Los Angeles area. Lease Terms: The lease was originally signed to begin July 1, 1976, and will terminate on June 30, 1981. If approved by City Council, the assignment to Mr. Seo would run until the end of the lease, at the same terms as originally given to Mr. and Mrs. Ryang. mm To:, Mayor and City council -2- April 4, 1978 Rental is ten percent of gross sales, with a minimum monthly rental of $493.00 or $5,916.00 per year. Gross sales for fiscal 1976 -77 were $86,824.00 and for the first half of fiscal 1977 -78 they were $42,379.00. Appropriate Lease Sections: Sections of the Pier Master Lease which govern a transfer of a lease are: 13.1 Restrictions on Assiqnments -- This article of the lease requires prior written consent of the City, and requires assignee to agree to all the previous conditions of the lease. It states: Lessor's consent will not be unreasonably withheld. 13.2 Termination -- This article of the lease provides for the termination of the lease if an assignment is made without prior approval. 13.3 Effect of Lessor's Consent -- This Article of the lease provides that all the restrictions of the lease shall be equally binding upon the assignee. 13.4 Written Assumption Agreement -- This article of the lease provides that the original lessee is not released from liability under the lease except in the case of a valid assignment, where the assignee in writing has assumed all obligations of the lease. 13.5 Transfer on Termination -- This article of the lease provides for complete discretion by the City if previous to the lease term, the lease is terminated; the City can terminate the sublease, or can continue them on the original lease, or trans- fer the sublessees to a new lease. To: Mayor and City council -3- April 4, 1978 Alternatives: 1. Disapprove the assignment, requiring lessee to continue oper- ating the facility, or find another assignee. As for other potential assignees, we are unaware of any specific requests by viable parties other than Mr. Seo. 2. Approve the assignment and direct the City Manager to execute the applicable documents. Recommendation: It is the recommendation of the City Staff that City Council direct the City Manager to execute the transfer of the present lease for the Porthole Cafe held by Mr. and Mrs. Ryang to Mr. Yun Seo. Prepared by: Jeremy Ferris Peter Kipp �ITf (�in1�z mtb `�ittzirel 18418 JEFFERSON DAVIS HIGHWAY TRIANGLE. VIRGINIA 22172 221 -9825 13, March 1978 Mr. Peter Kipp Santa Monica Pierside, Santa Monica, California Dear Mr. Kipp: This is to advise you that Mr. Yoon Suck Seo, is well known to me and has been for a period of twelve years. we first met in the Republic of Vietnam, where'he was serving as a captain in the Korean "urine Corps. Mr. Seo served in Vietnam for a period of two years, both as an Infantry Company Commander and as a Staff Officer. He was, for a time, the Liaison Officer from the Korean Maicine Brigade to the III Marine Amphibious Force, USMC, -where he performed all duties in a highly satisfactory manner. Mr. Seo was decorated for.gallantry by three governments and was wounded in action on at least t'ro occasions. He is a graduate of the Korean Naval Academy and the United States Marine Corps, Amphibious Warfare School. 'He served in the rank of major. Subsequent to his leaving the service of his country, he worked in the Globe & Laurel as floor manager, for a period of three years. Seo took great pride in his work, and performed all duties with dignity, skill and enthusiasm. He was a valuable employee and friend. He was never absent nor late for work and I never heard him complain. He is fully capable of assuming positions of increased responsibility and works well under pressure. Seo was a valued employee, well liked and respected by all with whom he came into contact. He did much to help our business. I recommend him with enthusiasm. He will be welcome in my employ at any time. ✓� ichard T. ooner Major USIJC(Ret) Owner Manager TO n, CA 4`.51 MY FULL NAME RESIDENCES AND OCCUPATIONS DURING PAST 10 YEARS ANY FORMER MARRIAGE OR MARRIAGES STATEMENT OF INFOpMATION r-cea#ideakial- use- by- Ti #Ielnsurance -&- Trust - Company- irrsearching -- ___fhe�ecords_�n._conAection- wish --#he- Order - Number -- shown - bedew -- -S`/-:�U Year of Birth-L i�-3� (FIRST NAME) (FULL MIDDLE NAME —IF NONE INDICATE( (LAST NAME) Business Phone •3tr - 1.'1 Home Phone Birthplace d��A Social Security No.e2 ? -F —/3 —OS 5 I have lived continuously in the U.S.A. since (If mo«ied, mmplele the Iollowing:) 1 , y� _ 1(;w ife SUa 1/%1 ��O Full name of lifPS6lEad (FIRST NAME) (FULL MIDDLE NAME —IF NONE, INDICATE) (LAST NAME) 1-tt Birthplace �R,F A Et R Year of Birth / Y rJ tEt Social � ' p HR has lived continuously in the U.S.A. since HVc Security No.�r 2_A - / 3 -7 14 � tt-E- - We were married on —V �u &- at �e�t1 � L Wife's maiden name✓ n 1; /✓e N t - _ RESIDENCES _ NUMBER AND STREETIAAql CITY. A r FROM (DATE) TO (DATE) NUMBER AND STREET CITY O UROM (DATE) TO (DATE) — �o, FROM (DATE —�TO (DAT ) NUMBER AND STREET CITY ) OCCUPATIONS ( Husband's FIRM NAME I I LU�J uvry FIRM NAME ' LOCATION h IIIA� (Wife's) FIRM NAM LOCATION FIRM NAME LOCATION FIRM NAME LOCATION (II m.'e spas. needed, .se reverse ride of form) (if no former marriage or marriages, write "None" Otherwis., please complete the following:) Name of former Deceased Divorced Name of former husband Deceased Divorced fit more space needed, me reverse side of (orm) THE STREET ADDRESS of the property in this transaction is: -_ , (Leave Blank if None) IMPROVEMENTS: ❑ SINGLE RESIDENCE MULTIPLE RESIDENCE ❑ COMMERCIAL OCCUPIED BY: ❑ OWNER 0 LESSEE TENANTS ANY PORTION OF NEW LOAN FUNDS TO BE USED FOR CONSTRUCTION ❑ YES ❑ NO Dare y l x ok 3 SIGNATURE Q R D -E -R -N -O (1/ married, both husband and wale should sign) SIGNATURE The filling out of this jorin will help protect ),off and will speed the completion of your order. u at 0f 19 -7G— ASSETS Cash in Brnks shown on Reverst Side — Cash Not in Banks . $!.VM7_11� Investments: Storks and Bonds (1) $ Govemment Bonds (2) $ Other Invcstm -nts (3) $ / Real Estate (4) Other A"—ts (5) . $ �• 7cU, eo Deposits: LEC or Others ' $ i Total Assets .....:..........$ I r g r -- (1) Stocks and Bonds: (In name of Drcription L .BILITIES IIank Loan —. $ Other Loans $ E3 r Net Worth $ Total Liabilities and Net Worth ...................... $ Total ................ (2) Government Bonds (In name of D- scription Total ................ (3) Other Investments (In as= of Description Total. ............... (4) Real Estate: - (a) Address Pq- 195t,K)�r✓gd— PC 1!4 rtli b c_ Description Title in rename of Ytz,✓ 5 SFn ldari-ct Value Y Y $ Y Prrs_^nt Value $ I $ Y 1✓T&-t value S S Y Value S - . °U _. Mortgaged for $ Amount of Monthly Payment $ +. 1.10rtg2ge older - Address' 'I (b) Address DeKription Title in none of value $ Mortgaged for $ Amount of Monthly Payment $ Mortgtge Holder Address (5) Other Assets: Excluding Household Furnishings, jewelry, Furs, etc. F�� -Y-w2- The foregoing statement (both aides) has been carefully read by the uade'reigned (both the printed and written matter), and is to my knowledge in all respects complete, accurate and truthful. It disclo:..a. to you the true stale of my (cos) financial condition on The day of —)(A Ls_c�P ;X ( , 19 i r. Since that time there bas been no material unfavorable change in my (mss) financial condi- tion: and it any such change takes place I (rem will give you notice. Until such notice is given, you are to regard this as a continu- ing statement. The figures submitted are not estimated. They have been token from my (gfs�) books and physical inventory taken as on date shown, Name of Individual. Firm or Corporation t Street Town Stale_ - -- 19 Witness _- __. Dale of signing statement Residence Address of Witness_ _ Signed by .n.... _. e.. �.. �. nlf...• or Com��n�fon.N ..�`S,pn Wes. _ Q��� �ti�.✓,.�, 1�- 9vol '7o .T 'r STATE Or CAUFO NfA, ss. COUNTY OF 19 K. before me, the uadarsigoad, z tlutary PuSliC hl and for said Stale, pars na;ly zppeared ._' `•—.— ,rev 7 OFb..CIAL SEAT, lnwn to me, EDVv'ARD D. THORNE — — 000 OTARY PU3LIC' C.^�L!O(p be ioe porsua —. vr110 "ad B? ire— �—� SIihS.i �t) "d i0 tn.. l'idi!in tl ios ANG =.� co Nr znd zckreeriz ozd to ma that —_he ease ted tiie same. i; Yy comet. axFirzs nirY 1, i4O1 VIITIIESS my hand end official MI. — t . — 17Ak`- M. ED OR PRINTED) fMNY PcbiiC is and for said Star. . I Agenda Item 11 -D: Presented at this time was the assignment of.the Santa Monica Port Cafe lease on the Pier from Mr. $ Mrs. Song Ryang to Mr. Yun Suk Seo, lease assignment terms to be the same, including the termination date of June 30, 1981. Councilmember Trives moved to direct the City Manager to execute the transfer of the Santa Monica Port Cafe lease from Mr. $ Mrs. Song Ryang to Mr. Yun Suk Seo. Second by Mayor Pro Tempore Cohen. Council Vote: Unanimously approved 7 -0 .CITY COUNCIL MINUTES - April 11, 1978 �GL Agenda Item 11 -D: Presented at this time was the assignment of.the Santa Monica Port Cafe lease on the Pier from Mr. $ Mrs. Song Ryang to Mr. Yun Suk Seo, lease assignment terms to be the same, including the termination date of June 30, 1981. Councilmember Trives moved to direct the City Manager to execute the transfer of the Santa Monica Port Cafe lease from Mr. $ Mrs. Song Ryang to Mr. Yun Suk Seo. Second by Mayor Pro Tempore Cohen. Council Vote: Unanimously approved 7 -0 .CITY COUNCIL MINUTES - April 11, 1978