Professional Documents
Culture Documents
Alaska: Department of Commerce, Community, and Economic Development
Alaska: Department of Commerce, Community, and Economic Development
Alaska: Department of Commerce, Community, and Economic Development
MEMORANDUM
TO: ABC Chair Klein, and members of the Board DATE: September 29,2014
FROM: Robert Beasley, Enforcement Superviso RE: Hong & l..ee's, Inc. Samovar Inn
License o. 598
On January 4, 2014, Investigator Hamilton discovered through his investigation that Hong &
Lee's, Inc., doing business as the Samovar Inn had entered into what the licensee described as a
management agreement with Sharon Cho to operate the bar; however, Hong & l..ee's, Inc. leased
the kitchen and restaurant to Sharon Cho, thereby relinquishing right, tide and interest in the
restaurant.
Samovar Inn, located at 720 Gambell Street in Anchorage is a hotel, and operates with a Beverage
Dispensary-Tourism license, number 598. None of the hotel rooms have kitchenettes.
Investigator Hamilton's investigation revealed this type of conduct has been occurring since about
2003, with a variety of "tenants" throughout the years.
In the most recent lease agreement dated November 4, 2009 for the restaurant and kitchen, the
lease amount is indicated as being $6,000.00 per month; however, beginning in 2012 it is stipulated
there is a 3% increase for each additional year of the lease. Among many details in the lease,
section 18 reads as follows:
18. Liquor License Liability Insurance: Owner shall obtain Liquor License Liability
insurance for and applicable to the Premises in its own name. On or before July 1, each year,
Tenant shall pay or reimburse owner the actual cost of the Liquor License Liability Insurance for
each year. Owner will renew the Liquor License Liability Insurance every year during the term of
the Lease, including any renewal term. Owner shall pay for the actual cost of the Liquor License
Liability Insurance during each year. Tenant shall reimburse Owner for the actual cost of the
Liquor License Liability Insurance within fifteen (15) days of the date the insurance premium is
EXHIBIT G
STATti Ull ALASKA
DEPARTMENT OF
COMMERCE
COMMUNITY AND
Sean Parnell, Governor
ECONOMIC DEVELOPMENT Susan K Bell, Commi.r.rioner
paid by the owner. Tenant shall be responsible and pay for the annual Liquor License renewal fee
and any other costs to renew or maintain the liquor license for the Premises.
Investigator Hamilton filed criminal charges against the corporation, Hong & Lee's, Inc. for
violation of AS 04.16.1 SO, Licensee Responsible for Violations. During court proceedings on or
about July 31, 2014 in Anchorage District Court, Case Number 3AN-14-01730, Hong & Lee's,
Inc., through a plea agreement, entered a plea of guilty to the charge.
As a result, the court entered judgment of conviction in the amount of a $2,500.00 fine, and a
$50.00 police training surcharge.
Alcoholic Beverage Control Board
Incident Report
Incident: AB14000162
Incident Activities/Offenses
Involved Persons/Organizations
Classification: Witness
E-mail:
Classification: Complainant
SID: AK7710852 DL: 7425245 AK
Gender: Female DOB: 04/15/1985
Height: 5'11" Weight: 2401b Build:
Race: Unknown Hair Color: Brown Eye Color: Hazel
Address: None
E-mail:
Classification: Witness
SID: AK6886429 DL: 6886429 AK
Gender: Male DOB: 06/30/1980
Height: 5'9" Weight: 2251b Build:
Race: White Hair Color: Black Eye Color: Brown
Address: None
E-mail:
FUSIONS
Classification: Owner
ID: Type: Bar
Address: 720 GAMBELL STREET, ANCHORAGE, Municipality of Anchorage AK USA 99501
(BeaUzone: UEBA)
ALEXANDER, ROBERT B
E-mail:
Telephone: (Cellular phone) (907) 229-2053
Involved Addresses
• 720 GAMBELL STREET /Incident location I ANCHORAGE, Alaska, USA 99501 (BeaUzone: UEBA,
ANCHORAGE)
Reports
Arrest report
Subject: HONG & LEES, INCORPORATED I Arrested; Charged; Owner; Suspect 1720 GAMBELL
STREET, ANCHORAGE, Municipality of Anchorage AK USA 99501 (Beat/zone: UEBA)
Author: #FRHO HAMILTON, F. Report time: 0211112014 10:11
General report
BACKGROUND:
On 1-9-14, at about 1320 hours, I received a forwarded e-mail from my supervisor Robert Beasley asking
me to look into pricing a marketing issues with Fusions. The e-mail containing the compliant was from
Tabitha Alone. The first attachment to the e-mail was an ad for Activo Fridays. It advertised drink specials
all night. The second attachment was for Hoy Se Bebe! Saturdays. This advertised free Moet, $5 Skyy
Vodka, $20 .. Beer Buckets (5 Heinekens or Coronas). Alone told me to check Remy Rodriquez's and
Djpapalote JQ's Facebook pages for advertisement.
A check of Reymi Rodriquez's Facebook Timeline showed both posters. I later learned Reymi is a OJ.
Djpapalote JQ is also a OJ at Fusions. Also under Djpapalote JQ timeline is the New Year's Bash 2014
being advertised. This ad offers a free champagne toast at midnight.
A check of the Alcoholic Beverage Control Board (ABC Board) records revealed that Fusions is owned by
Hong & Lees Inc. They have been issued alcoholic beverage license 598 to be located at 720 Gambell
Street. The type of license is for a beverage dispensary- tourism. Being a tourism license, the
establishment has to have rooms for the traveling public and some of those rooms have to have
kitchenettes in them. If the rooms don't have kitchenettes, then there has to be a kitchen for the traveling
public. Without the rooms with kitchenettes or a kitchen, the license would not be able to be issued.
A check of the Department of Community, Commerce and Economic Development (DCCED) records
revealed Hong & Lees Inc. is in good standing and is comprised of Han Young Cho, 60% and Ki Sang Cho,
40% . A check of ABC records from the 201312014 Liquor License Renewal form dated in November of
2012, indicates the Hong & Lees Inc. is comprised of Han Young Cho, 60%, Ki Sang Cho, 20% and Kyu
ChaCo, 20%.
A check of DCC ED records also revealed that Fusions Bar & Grill was solely owned by Robert Alexander,
Alaska Business License #994667 .
Conducted via telephone. I learned from Reymi that Fusions was owned by Robert Alexander and he has
owned since the end of August beginning of September, 2013 . Reymi also provided me with number to
contact Alexander. Reymi also advised me that he does some of the advertising for Fusions. Reymi stated
they had given away champagne on New Year's Eve.
Conducted via telephone. Alexander advised me that the DJ's do their own marketing. He was aware that
they were advertising the beer buckets. Alexander, as far as he knows, they do not sell five dollar vodka
drinks. Alexander said he owned the restaurant from just past summer (2013). He stated he owns the
restaurant, has leased the entire space and manages the bar. He pays about $4500.00 dollars a month to
lease the space.
INFORMATION:
On 1-18-14, Alexander faxed me a copy of the lease agreement. Basically it states the agreement is
between licensee Hong & Lees Inc. (Han Young Cho and Ki Sang Cho} and Sharon Cho, a relative. Hong
& Lees Inc. desires to lease the restaurant Sharon Cho desires to lease. The leased area consists
of approximately 2,500 square feet located in the Samovar Inn building, 720 Gambell Street. It includes all
of the area that is presently being used for the hotel restaurant. The monthly rent shall be paid at the first of
the month without notice or demand. Hong & Lees Inc. will pay Sharon Cho $1,000.00 to manage
the cocktail lounge for them. It should be noted that the management fee is to be paid to Sharon Cho if only
both restaurant and lounge are both open for business and customers and in full operation.
On 2-1-14, at about 2110 hours, I entered Fusions. Only one person, not identified, was present. I asked
him if I could get some food and he advised me that the kitchen was closed and the cook didn't even show
up. I asked when things would pick up and he advised me at about 2300 hours.
At about 2315 hours, I came back to the establishment. A compliance check was done using an underage
buyer. The establishment passed the check. I entered the establishment and was greeted by 3 week
security person Napoleon J. Simmons and security person Jamal Baskerville, Delaware license 9442015,
DOB: 2-11-69, (907) 980-0064. As I approached the door, I was asked for ID and showed them my
credentials. When I asked them to provide proof of server education, they replied they didn't have server
education. Contact was also made with Sharon Cho who did provided me with proof of current server
education. I advised Cho of the municipal ordinance required server education prior to employment. The
security persons were told to stop check ID's until they obtained education. After talking more with the
owner of North Star Security, I departed.
INFORMATION:
On 2-6-14, Robert Alexander and Sharon Cho arrived at the offices of the ABC Board.
Alexander claimed to be a sub-lessor from Sharon Cho and that the only space he was leasing, was the
kitchen.
I learned from Sharon Cho that all the previous establishments at that location, S-Lounge, Stormy Bar and
Grill were her failed business ventures over the past four years.
On 2-7-14, a copy of a "management agreement" was given to the licensing staff. It basically states that
Hong and Lee Inc. is hiring Sharon Cho and Robert Alexander to manage the bar and restaurant and that
their salaries shall be discussed later.
On 2-10-14, I went to the Samovar Inn Travel Lodge and made contact with Han Young Cho. During our
conversation, Han telephoned Ki Sang Cho and placed him on speaker.
INTERVIEW:
Ki Sang Cho stated they had leased the restaurant to Sharon Cho. They did not lease the license.
Although Han has for years signed notarized documents that he understands title IV, they claimed
ignorance to what a tourism license is.
OFFICER ACTION :
I issued a summons to Han as president of Hong & Lees Inc. for licensee responsible for violations. A
mandatory court date of 3-11-14, 0830 hours, Anchorage District Court was assigned .
Upon returning to the ABC offices, I read further into the lease agreement
Section 18 of the lease refers to Hong & Lees Inc. being responsible for obtaining liquor license liability
insurance for the premises in its own name. Sharon Cho then is responsible to pay back Hong & Lees Inc.
for the policy. Sharon Cho is also responsible, according to the lease, to pay for the liquor license renewal
fee and any other costs to renew or maintain the liquor license for the premises.
In looking at the master file for Fusions, although it is the business venture Sharon Cho and Alexander,
Hong & Lees Inc. have been doing the name change pape!Work.
On 2-13-14, I contacted Hyun Nang Yun, formerly Morrissette, and asked her to translate what Ki Sang had
told his father over the phone at about 19 minutes, 30 seconds, into my contact Basically he advised his
father, Han Young Cho to not provide me with any documents and that he would be talking to his attorney.
After the translation, Hyun advised me that when the establishment was Rock & Roll Sushi, she leased the
building and owned the restaurant with her husband, Sokin Yun. Hyun provided me with the lease
agreement which is basically the same as Sharon Cho's; the square footage was 5000 instead of 2000. It
appears she leased the space from 7-4-03 to about 10-16-2004. The leased was signed by Sokin Yun . It
also in #17, that Rock & Roll Sushi was to re-imburse Hong & Lees Inc. for liquor liability insurance and that
Rock & Roll Sushi was to pay for liquor license renewal and associated fees.
CASE STATUS :
Notice of Violation
(3AAC 304.525)
VIOLATION: On 1-4-14, it was revealed that Hong & Lees Inc. has leased the licensed premises to Sharon Cho, thereby
relinquishing right or title, or interest in, land and buildings at the location of the business to be licensed. The licensed premises
has been leased from November4, 2009 to February 5, 2014. On February 1, 2014, a check of the establishment revealed two
security persons wbo did not have server education, a violation of Anchomge municipal ordinance 10.50.015(s). A check of
advertising your establishment on Facebook revealed you giving away drinks on New Year's Eve and advertisement which leads
one to believe you have drink specials on Fridays and Saturdays. This is a violation of Title IV.
Your attention is directed to AS 04.16.150: Ucensee Responsible for violations, AS 04.21.030: Responsibility of
licensees, agents, and employees, AS 04.11.400: Populations limitations, 3AAC304.105: Application generally,
3AAC304.325: Licensee issued to encourage tourism; AS 04.16.015: Pricing and marketing
You are directed to respond to the Director of the Alcohol Beverage Control Board in writing to this Notice of Violation
within 10 days of receipt to explain what action you have taken to prevent a reoccurrence of this violation. *Please
include your Alcohol License Number in your response.
State of Alaska
Plaintiff, CASE NO: 3AN-14-0 1730CR
vs.
Page I of2
CR-460Anch (1114) AS 28; AS 12.55.015; AS 12.55.041;
Judgment- General (Anchorage) Crim. R. 32, 32.6, 39; 22 AAC 05 .615
() ( ~1';
13. 0 Do not possess or consume alcohol or illegal drugs during the probationary period. If you are ordered not to
consume alcohol, you are also restricted from buying alcohol, and any state ID issued to you under
AS 18.65.310 must list this restriction during the probationary period. [AS 04.16.160]
14. 0 Complete an assessment and follow recommendations of a state-approved batterer's intervention program. Pay
costs. Give proof of completion to the prosecutor by - - - - - - - - -
15. 0 Complete weeks anger management program ( n a m e ) : - - - - - - -- - - - - - - -
Pay costs. Give proof of completion to the prosecutor by-- - -- - - - - - - - - - - - -
16. 0 Do not have any contact, direct or indirect, with - - - - - - - - - - - - unless that person gave
written consent to the prosecutor.
17. 0 Follow Office of Children's Services case plan.
18. 0 Forfeit items seized.
19. 0 Obey all trespass orders from - - - - - - -- - - -- - - -- - - - - - - - - - -
20. 0
PROGRAM INFORMATION:
21. If ordered to complete one or more of the programs below, you must report by the time shown below and complete
all program requirements as follows:
a. AASAP MISDEMEANOR SERVICES. Go to the basement of the Boney Courthouse NOW, 303 K Street,
Anchorage. If you are sentenced on a weekend, holiday or after 4:30p.m. on a weekday, call264-0735 on the
flrst working day after sentencing. If you are in custody, call the flrst working day after release.
b. COMMUNITY WORK SERVICE (CWS). Go to 535 East 9th Avenue, Anchorage (inside the cemetery) NOW if
between 9:00a.m. and 4:00p.m. Monday through Friday. Phone: 343-4057. If you are sentenced on a
weekend, holiday, or after 4:00p.m. on a weekday, go the flrst working day after sentencing. If you are in
custody, report the flrst working day after your release from jail.
c. DOMESTIC VIOLENCE INTERVENTION PROGRAM. Report ON FRIDAY MORNING to the Jury Assembly
Room on the 2nd floor of the Nesbett Courthouse, 825 W. 4th Ave., Anchorage. Males: 10:00 a.m. Females:
9:00a.m. (except for state holidays) following sentencing or your release from jail.
d. ANGER MANAGEMENT PROGRAM. Report NOW to the program specified in number 15 above and complete
all program requirements.
IF YOU FAIL TO REPORT TO THE PROGRAMS ON TIME OR COMPLETE PROGRAM
REQUIREMENTS, A WARRANT MAY BE ISSUED FOR YOUR ARREST AND THE SUSPENDED
PART OF YOUR JAIL SENTENCE AND/OR FINE BE IMPOSED.
Page 2 of2
CR-460Anch (1/14) AS 28; AS 12.55.015; AS 12.55.041;
Judgment- General (Anchorage) Crim. R. 32, 32.6, 39; 22 AAC 05.615
Case No: 3AN-14-01730CR Defendant: Hong & Lee's Inc.
IN THE DISTRICT COURT FOR THE STATE OF ALASKA
STATE OF ALASKA, )
)
Plaintiff, )
)
v. )
)
HONG & LEE'S, INC. I )
)
Defendant. )
)
No. 3AN-S14-01730 CR
TRANSCRIPT OF PROCEEDINGS
10 COP HEARING
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-2-
1 PROCEEDINGS
2 38
3 02:28:20
-3-
1 have no control over that.
7 Lee.
19 the right to confront the state's witnesses and have the state
-4-
1 forth with this agreement on behalf of the corporation, you're
14 THE COURT: ..... United States-- okay . Then I'm not even
17 Honor.
18 THE COURT: Okay. Well, other than the plea offer that's
24 promises?
-5-
1 THE COURT: Is that what you were saying, no threats or
2 other promises?
7 drugs or alcohol?
11 your attorney and think about this before entering into this?
-6-
1 behalf of Hong and Lee's. The reason that we accepted this
2 plea, it's a very unusual charge. We've battled out this new
4 and the judge didn't see it our way. Our only chance was to
6 this kind of work for about 20 years but I want to put on the
15 fact, have occurred but there were no free drinks that were
17 captured that.
19 intend to approach the ABC Board and the attorneys at the ABC
20 Board about how these things are going to be meted out in the
-7-
1 have this in the record, Your Honor.
4 THE COURT: Okay. And, Mr. Cho, do you have any comments
10 everything.
13 THE COURT: On the other hand, I guess the one thing that
16 selling and providing alcohol and I think that that's why that
21 you that I see far too many cases that are -- involve the
25 So .....
-8-
1 MR. ERNOUF: This is their first offense too, Your Honor,
2 they have.
7 that's always good to hear. That means that the potential for
8 rehabilitation and the fact that we will not see Hong and
16 that is you may be the only person here right now but if
24 then.
-9-
1. THE COURT: Yes .
2 (Other matters)
i
3 02:48:20
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-10-
1 TRANSCRIBER'S CERTIFICATE
7 and ability.
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-11-
LEASE ACBJliEMJ!fi
This AGREEMENT is made and entered into as of November 4,
2009 and is between Hong A 'I...tc3, lac., an Alaaka corporation that is
located at 720 Gambell street in Anchorage, bueinafler re{errcd as .
''Owner,... and Sharon Gho, 6942 Meadow St. #205, Anchorage, AK 99507,
hereinafter referred to as "Teuot.,.
RECITALS
1. Owner is the owoec of the Samovar lan building and property that
is located at 720 OambcU Street in Anchorage, Alaska.
Eslal..lf A () ~
Pgelefl?~
0686ll££L06
/Z
Lea~e
This LEASB Is Clltei'Cd tnto thl8 41h day ofNoftmber 4, 2009 by Haag .1: Lees,
lnc.. Ul Alub. corporatioo, R.ft:md 10 II$ "Owner," IDd Sblrou Cho, 6942 Mcadow St.
N2os. AK 99507. bereiDaftllr Rfcrrcd to as "Tcum.
For and in COQSidcntion oflb81W\t.t reserved bereunder IDd tbe 11enbt and
COJlditiool .t fonh bcftin, ()Wile( bctdJy renb, denl.iJc5 81\d leaxa to Teaant, and
Tetwnt takes and }CUllS from Owner,~ fuUowins dcacribcd Prcmbes all upon the
foUowln, term$ md I:CII\Ciitloos:
~.Blatt Tcaant 00VC111Ub Uld ~to .-1 o-er tllD ~not duriDg
the lniCialtcrm of 1bil Lauo:
3.2 Lite fham:. lflliJ' ioslaltmcat of1bc moalhly real or other c:baraesdue
fronJ TCG~U~t sba1l not be~ by owacr within nve
days aflef aid IIDOIIIIt i$ due,
Team lball t-Ytc Owul::r ueddidotlll n:ut • lllfC ~equal to T• pan:ent(lO%) of
tbe deliDquaJt payment for e.ch IDOillh after lbc •tt wu due, ' - iD oo ewnt l1lOnl
lbao the lcpJ maxilltwn oo $UCb put duo atnOIJI\ts, phu my 1110n1ey !Cos mclll'nd by
own<:r by ~ of lbo &ih.-e ofTmlnt to t-)' rent and!« OCher cllarp whoa due.
0686t'~U06
S. Oe::1t:r tal gp; T-m is pcn:atwo(l) 1M year opionl to llldaMf the
term oflbeLcuc. TCMalll to &ive written DOtiecofhtr intent to renew the; tam oftha
Lease fO Owlta It . . . alacly (90) . . , but lkJ llk1nllllla oar: year heiR tbe axplntion
ofebc iDitW ecna. HoweYcr.lfo.n.or ila tidly lltisfied witll TCGIId, or ifT..u is
in dcfnlt oolllo dlec of liviD~ tbo D1ltico to CdDIId dllllilnl of abe Lcuc, lbe IIOiice so
c:mnd lball be We&etive.
Ifc&a-.. qflba t.c.e il ~ Ovmor ...t TOMIIl .WI 0:mpt fO qrec 011
1bc -.o.at of tile IIMJIIdab' rmt . . . die Ull:lldad IIOnll.lfOwmir ad T.- Me
UMble to qree a.lhc aalllly l'CDI duriDC lie CIXIICIIdod 111111 lilt moachJ,y leal in 2013
wiU bo Sixlboo!a:nd Six hllbdred dollm (S6.600) per moolh. Tbe monthly teJ~t will bo
l.ocrt:IUC:d by 'I'hRe puccut (3%) cluriq ..:h y.:aT of axteodcd 1«111 lJesiuulns in 2(114.
Abo, Owner lplCS tJw the lc.x Ia filllytnosfcnble by the TOOIDI10 a new
TI:IDEl oal71B 01111 CXllllllldoa tW !be II:W Taant 111111t be lppiM!d by 0wDer Wore
the leue is transferred. Owner bu riablto reject "'.f new T....t CllldidaB if Owner
thinks Chllt he or she b DOt asuitable penon tbr OJICI'8tiAi the aa.nnt.
....
0686v££L06
·~
7.3.1 M.,.P,.,H jywg;
'Ibe Medicaid petieds billing will be u it is:
Owner ~ Medicaid pelieols to Restllumol and TCGmt provide~ food b them.
T~ then will •wlY foe ~ent to Owner 11 the Utd of e6cll month. Ten~~~~t will
apply Owna 10% (tt:n peroeat) ~from tile tOial lftKNilt of tho orJiinal m:dpt.
8. l:Jml Tenant shall no1 bave to pty fur my of the Jal property~·
Tcaant shall pty tinlely .n ofTmaot's u.eome, lnldc lltld buslnass, employe~:
withholding and pmooal pcopcrty laxes lncludiQs. without limilltioo. any raxuliQ any
and all f'.amitwe. &tun~~, equipmeor illlld oiDx:U ~in the ~
9.had'!,_.. Ownet.anowlodacsiW~~II:il,
tt.ou.xl cton.s) Security [)qxlsit Secwity ~ is
Ta1811t to tbo Cuneo~ Tcuat
JO. Cotdidpl of Prcalw: TC!QIIIIt accepts the Pnmiacs in its pr..at COIJdition
and slate ofhlpair. Temmt CIIJI"CSSf;Y .da:lowJccl&m dilt the Pl'clll1-. trelllbblc for its
.Rtat.urant buass wtUcb 1s auta~tly beiDa CODduc:tDd Oll1bo Premises uader 1ho emu
of an ~ tbtt is be.i!lgrcplaeod by thb Lease.
13. Cp!!l!llug Wll4, .lAm; Te~~~~m $ball, .a his or her own COS( and expeo.se.
execllle and comply wtt.b all &dare~. ..._llldloc* IAbq udall pM~.-eotlll or quat.
~ brwl, ~ IDd BDlde!Jncs ~ylo eftOct .ad aU adcliOOoalllld
odlCt lawa. rqulatioos and auaatlnes wtdch may~ be eoiCIOd 01 ao lnlo offia
relttjog to the Prtwnlscs and Teoanrs u.c dlefeof. 1'1tb m.ll spec.it;c.lly iDeJudo any
actl011 ~to comply wkb die Amcric.w with DlabWtia Act wiCh n;speot to the
illlerior oftbe reated pnllllila Ott£ If~ IIIUil be any -1« modlftcciDn offhe
mcrior of tile lxUicllng or ICOCIS to Gao hotel or the teSt1lunDt so comply Wid:! !bat 1e1
JUOb lball be d0011 by~ Owftet It~ Olml!r's $Ole~ T-.at qrcc:s to II\)'
teaSOIIabla modlficatione of access, slJ11110, stairs llld &ttB pcd'aru)cd at Owna's
eJpCIIIIe at mt.Y be . - r y to oomptywiet !be Am.
Tfmll!t will uot cal$ or pe1mh to be ceUied lilY let or pnctic:e by nejli~
omiNioo or o«batwbe tbat1110111d lldvettely al'fect tbe eewiron-• or p~m~k lll)'ttllnJ
co • doae that wool6 vklUDs ~of aid ..ws, ,...,.,ll rioe•ot &Wdellftoc. ~ ~
oftbil OOftBIIIt an be a CIIIIIBriaS "'-:!~ lllld-' of de&uk lawodcr. TCIOIII)f ebell
have no claim tp.insl Owoer by reaKICI of lilY eblftaes 0wntt 111111 tDib wllb Npect
to tho Semovltr JnD buildlac or to Che Premlaos wbaa IIUOb c:hat\p ate made pu.t'IIMIOI to
-wlicablo 11rws. rcpJatkllls or~
TCftlllt lbatl allo cxccute lftd comply with alltulel, rqpaJ.tjom and
~IS oflbo Bo.rd o(Flro Uodenon:!ters, cho inswanc:eCIItrier(s) fwOWrlet and
Olbet orpnilations ~ eslabliah IDsunmoe rae to cbe Qlcllt tblt tho ame or ~of
dMm ItO -wJieable ID lbe Pnlnises«to the ute and OCCIIIpwlcy oftbe ~-by
Tmaat.
14. MitJ"9t tr S.""*'*!c; Tcmot ~ qreea IMl be or .sbo will QOt
~ b~ monaate or eocumbet dlb r...c..oOf' ID)' ·iDI«cst 1hcrdll or IUbleue
-
or IIUtl:t or pctGiit the ~ or my pldlhareo( to be .-1 by olher, wi1111Nt tbo
prb w.n COIIR.tll! ofOwla In etCh iruDDoe. which caueac will DOt be~~
0686\lt:£L06
Notwithatmding 1111y aKignmeot of this Lease, or subldtina of the Premises, it is
aped end ondertaood that Tenant ahall n:main primarily lilble for IUld &ball DOC be
n~leucd from the ~ of all of the 1QW md conditions of the Leuo:: which the
T~t i' ~ired to obtcrvo .nd pcrl"onn.
All ot eudl chan~ additions or allttatioos sball be made ~!ely It tho expense
ofTeaant IDd Tcmut lllf'lleS ID protect,~. Aft lad hold Owtler' hlrmless 011
IICCOIIDt of uy bl,jury 10 1ll.lrd pcnou or property by ~ of any sacb. cllloges,
lddJtlom « alleftdoru. md (() proCiDd, ~and lllVO 0wnet bu:mless from the
piJ'Illtnl of IJ1Y cla.im of uy kind or c:banlcter oo IICCOW1l of bilb for labor, materials or
utility ~ Cum.lsbcd. or claimecl to ha~ bclan lbmlabed ltl conaoctiOII theRwitb. It is
~ betwcco OwDer Md Teuat dr.lr o.mct bll DOt be n:qWed to eecute an
acbowlociperu of riJht to lleo pot~U~nt to AS 34.35.0 10. ot "8o u now oaactcd or
baea&t ~m~OIICicd
TCDII!t sblllllOt permit atJY II1ICCbtaics' or similar lien& to be lodacd apinst or
remtin upon lho ~ fur labor pttfhiUiild or~ fbmitbcd to TlllliUit, or
c.laimcd to ~ bcell pctfonned or t\mliS8od, oo bcbalf o( or ocberwise at tho clirec:don
of or with the cou:ot ofTCDMto ~~wort Willi pcrlortDed or maurials were ~
ftlmisbcd ~ or a&r tba oommencemcnt of Ibis Lcbl. f..Pt:$-
'IUIIIltA
fw7gU~
S 1: /S . 3D'iid 0686VE£L06
Owner may require Ten.W to furnish evld~ !1Uisl8clory to Owner 1bat Tenant
and any COIUniCIOr or firm hired by Tenant carry satisfilctoty iuunnoo insuring api.nst
all tUb normally In~ ap!Mt bt such~ wll.lda polida wll...e "'IIU
u
u lldditlnal ._.reel wbl=re tpp~Vpria~
Except for those Item which Ownar specifically ft:lqueab T~t to nllllOVe from
tbe Prembcs, any altemloos, addirioM, improvements and fix1urm lbemn in!talled In
the Premises and peid for by the Tenaul stw.ll ~tho propeny oCtho Ovmcr when
thit Lease trmlinaiCS.
16. . . . .llty; T..m ....,lademDitY Own« a ave Ormerlwmloss &om
all claims, su1ts, .mons, ctam.act. lillhility uxl expedite (iocJucliDg ICIUalllltOIDcy feeJ}
Ill coanoction witllloss of life, bodily or penooal aulltY or property damaae ari!ing
&om or out of occurrence em. uport cw at thl; Prcmise8, or tho OOCUpiDC)' or usc by
TIID8llt of the PrmWm or any part tbcno~ or oocaaioaad 10lely or in pert by any liC)t or
omission ofTCMilt, his or~ aac:nts, COiltradQ(S, empiO)"CCCS, ~CrVants, lnvilCIS,
llccoRos or COIIIleJSiooaires. either withill Prcmites.
Owoer IIIIIIII\Ot be 111Sp00Sib1e or liable ai!I"Y time for any loss or damage to
rn~ stock in lralk, ~t. fbt1ans or oda« personal property-ofT-m or
to Tenant'• bluioea
S1 IL . 3:~Vd 0686~Et:L06
Wll, upon rccclpt of lhc net proc:eeds &om such inSW'IIlOI!, undetllke the repair &.1\d
tettoration. as applicable, ofthe PremiJes and tbo Samov.r Inn bllildins to "'bslantially
the lUIIe condition u ex.islcd prior to tbe cuualty, wilh lldl cliabges u owoar may
I'C880tlably desire to make. As 111011 berellllbo tmn "1101 procecdt from such
inannce" sball111G1111hlt portion oftbc proccods ofinautltloe thlt is he and clear II)
Owner after deductilla all sums requiRe~ to be J)lld by OMMr to llli> bolder of1ftY
morfNC on or qaiDtt the Saraovv Inn buildiAa. as well u all ~and lcalilOis
incwat by owner to collect sucll insurwJcle proececb.
If lbero Is any loss or damaao to the Pft:mbes not covered by insunoec oblained
by OW!Mir, and If tho ctem.,e b c:amed by the oealipoce of~t or bi• employees,
apu, invi&Dca oc ~oaaitu. or if' Tenant fiUla or odl«wilo ref\IJe, to ruko the
pmoecda ofbis iDswance attilabte for repair md RlStontion oflixtw!:s, lbmiture,
fumiJiliJI&I, floor co~ trado equipncot ad other property plac:ed by Tenant in or
upoa tltC Premitcl rcq11in!d to be IDauted by Tent~~, then, In Ill)' of IIICb e-u, t11e1w
sball btl oo ebatcMcot of tho minimal montbty reut una.. cnmcr elecQ to c:aDOel f..ado.
Ten10t sballltave lbo rigbt IOCMOCI thb Lease in the ovurt of a loss t11 dmlage
or wb1c:b preveou tho opnUon of tbe raslalllallt and replllrs are oot COinDliiiCCd wl1hlD
ninety (90} days of 1be da110 1M dlrntae oa:wred. Ourloc tile time lhe rcscaunnt CIMOt
be operiiCd lbonls!Wl be an~ of all rantal clwJes.
20. leP*tipa !Ill Nnft: Owner aJkl its--. wnployec:a ami COIIII'IetOD
sbalJ have lbe right of..- 10 cho l'rt:mi!es ~die ft1811W busioea hootl of
T~ fur the pqpose of imUIIiAS. allaiD& IJIIilltalftln& acljulting llld rq~airi.ng all
utility, ......,_,ina! or~ equl~ MVieins tbo Prcmitce inctudloa. but nor
lim lied to, w.rt JlOCCS:IIJY to comply with the pro~ or any man6atory or YoliiiJWy
fedec"ll, ....., or munlclpei-.Y, air, IIOdc uxJ/011 Wltl:l£ po\bltion and elmilar law1,
st8tuteS. ~ onkrs, aukleJines or propos.
OwDer !lid lis ..... illcludiDa. but DDt lln*.d to, its . . . , aad luuraace
mab--
COIIIPfiQY iDipecton lbiU bl¥8 no fbrtbet daht to lldllr d. Pftmltcs to UMtllac; or lo
lftspoelioa1, ~ !ddidons or aJrctadocD as lllllY bo doaJICid _ , - for
cbc aafBty or pmeMtioo of the Prealilcl or tbo S.OV... l.a bulktinl. HDWC11tr, the
~ina Dll DOt be docmcd or cot\llniCd ., an obliplion 011 the J*1 of OWDcr to
undertaQ Of effec:t any such reptir other thin u elqlf"OSdy required in 11111 J..ceso.
24.Difllln The OCC1II'ftiiiCe of.ny oae or lllOf'O oftbo rollowing eftllls lhall
consDcuCe a default aad braDb oftbis Loaw by T..-t: .
A. The &ilan: by Tcuac to P'Y cbc tall a IDCI wt.dloiDil ad! &ilure lhell
eontiauc tor a period of tell (10) dlys..
B. The vacatiaa or 1bladoomalt of 1be ~ by TCMOt ot tho &illlnl of
Tenant to be open for business (oxoept ill tho~ of dam.lp or clestroodoll to tbc
Pnmisc:s whicb pm'eals Tcmot &om COliCluctllll buslnc:sl) 1\r more lban throe (3) dayL
s1 /6 ·:;r~va 0686t'EEL06
~ . Rpredlg US!OJ Delt,llt; Ill the ovent of any defW!t or brCIICh by Ta1811t,
Owner may It any time lhcmafter, with or without QOlJco or dcm.uld, and without
timiLing owner in the excrci~~e of • right or remedy wblc:h OwDet roay have by reason of
sud! dcflult or ~h:
D. l'arluc lilY adler remedy now or hcndw aniltb&o ID Owuc:r UDder lbo laws
or p.diclal decisloae oftbe S. of AJub. ·
...a
A. ArJy UIOOIIl due as the Dlltimlllll relit thro.ab lllld inr::ludlqlbo time
CfWDCf o1a1nt a rep!~~ {or tile Pnlmd-. Te..t *'laot be c:natled to M.y
credit or o&t oftbis-... !tan. ~ u aac:h mbUmal aanuel red~)' haw
ICI:IIall1
bc:en coUec:ted fiom -r-ot, a~ teuDt or &om ~nyooc c:be. Nor
.U. Tc:DIIIi bcCGdtled to .ertasadcfaatetbe tiilureofownerto use &ood 6Uth
dfons to -.e. roplloemellt tallllt for the PreiDDcs.
Owner sba1l have the riP to collect end rcoeiYe the codre dalulp awlrd or
paymut for 10y., by emiDent domab1 aDd Tenant $ball make no clllm wblbocmlr
...-.. o-- for dlaJatCI b a.mialdl» ofW. kaaboW ....._ ia dill PraniiCI or
b' illlal!laoc witlllis busiMa. Tlmllltlllnby .,...IDd asipa ~ o..r ,.y rtpt
TIMI!t may have or ~fter acquins to such clafttiiCIIDd ll8f"eeS t o - * IIIMl ddiftl' ~
I:UibltA
P•l3R(S1 .
tolb6t A tJ-(2Pf>
PwlhrtZ~
s 1 I G1 · 3~V d 0686t'EEL06
32. At19rtft Pw1 If eida of lhe .,.rue...-e required to btina or maintain
any action, lneludlng aasertioD of liD)' c:ouolm:laim or CC'OIS-I;Ialm. in a proccodlng,
iacludiq a bW:ruptey ~~or .-iversbip, or my oet. procecdin& instituted by
a pelt)' hereto or by oChers or olberwise rdn !hie Lcao to an aUomcy ror lhe
e~~forcemc:nt of any oflhc: oblipliom, tenns, provltlona, coaditiona, COVCNats aud
apcmeo~t orlbll Leue, 1hc: pRYiilins puty in IUIIb ~eUon lball, in addition eo au
Qther paymeaU ~ bereio, RICCivc hill the olher aU c;o&U incumld by the
prevaillq Pll't)' iDcludiag .aon.y - md sucb COitll and lltonJIIy - wtlich
prevailina ptlt)' lncwl 011 any appoaL
33. PJ[IIIIm..,.; Ifuy tell\, ptOYilloa, conciticln. covenw or
~of tills Lease, or Cbc applicadoo lbemof to Ill)' penon or c:irmnl$tance Ia, to
Ill)' CXICft1, lnft.lld or~ Cbc....mder oftbo Loae, or tho ~on of
such term, provllioll, ~or qnocmcat to lillY penoo or~ olhar dian
thole as to wiHdl it is .blllkl ilmlid or llllell1'on:elb llball Dill~~ lbolcby and
acb tam, provbloa, COIIIIilima, CIMIIIIlt aDd agreaneGl of this lAue shall be Yllid and
ont'onlod to tbD fuJat llliiiDt permiltad by law.
Sblru\Cho
6942 Mcldow ff20S
Aadlorqe. AK 99S07
0686fi't:t:L06
... _,.. __
Tbe sulxaiuion of this LcaJc fer n;vlew by Tcoanl dcxs not OODititute an oiler
or an optioCI to leue tbe prernbas, oor Is lt htk:ndod as a -vatioe oftbe Prwmises for
1bc benefit oC ~ Tawrt. Oa 1M c:oobwY. it ia cxpRSSly undonlood Chit dUs 1..-
wU ooc be dfDcci~ or biodiaa upon the J)ll1ics llldll ills fully llld property ax:~
by Owner tnd TeMnt
0686 v££L06
In WITNESS WHBRBOF tbe pna have catered into this Awecment to
be etrectiw on the d3te set forth above.
STATE Of ALASKA )
)a.
THIRD JUDICIAL DISTIUCf )
..,IL.
Tllil is to Certify that Oil tbia _Jf;_ ct.y QfNovcmbet 4, 2009,
before me. tile UDdeniped, a Notary Pub11c iD IIIII for lhe ~ of Altsb,
duly COIIIIIlissk..s . . IWOIIl • sucb. pcDCJIII1Iy ~ K.iMna Cho, o.• ~ ~ ~ . . ., ....
lmowD to me mel to mo known to be tbe ioclivicluaJ. ....-..i in and who ~0
c:xeclUted the foresoins iastnlmeat albe Scatary oflloq & toes IDe.,
aad bo 8llbowloclaecl to me diet be lipecl tbe ..me hcly 8lld vohaotarily
t'br the usa mel purpoHI tt..io aet ~..._..~---