Cardinal's Nest Voluntary Agreement

VOLUNTARY

THIS

VOLUNTARY

2006,

Cardinal's

Nest

(hereinafter

Greg

Forsman,

~

made and entered into this by and between Brookland Restaurant,

day of LLC, trading

AGREEMENT,

~/t~r, Castellucci,

AGREEMENT

Magdah

the

Delhaye,

Hafez,

'Applicant'),

Dino

Josephus

Lois

Drudi,

Monica

Hicks,

Susanne

Ball,

Anne

Fitzgerald, U.

as

Marie

Rebecca

Horn,

Katherine

Jacquart, Timothy Janning, Mary Kenel, Shu Lan Ma, Filippo Marcantonio, Robin Minter, Shannon Minter, Katie Paul, David Powell, Kathleen Powell,

Ermine

Serensits, Spencer,

Primus,

Melissa Dan Vera,

collectively

Angelo

Sharer,

Saladini,

Norman

Katherine

referred

to

Zeller,

as the

Joseph

Sheehan,

Serensits,

Joseph

Lois

Skeffington,

and Ron Edmundson

'Protestant'),

Denise

(hereinafter

hereinafter

the

'Parties', RECITALS WHEREAS, Applicant with

the

District

(hereinafter premises Nest,

has of

the known

Columbia

'Board')

at

3748

WHEREAS, Applicant espresso

coffee

drinks,

recognition

a protested

proceeding

voluntary

agreements,

voluntary

agreement;

of

granting

incorporated license, conditions

and of

to the

has

settle

to

has

to

agreed

the

incorporated

license,

the

cafe,

to

adopt

include

of

coffee

shop,

along

with

this

its

that Board's

by to

this

to

Applicant,

into

measures

protest

to

a

to

address

as a formal

and

Voluntary order

Voluntary

parties

reaching

enter

agreement

this

of

applicatior

encouraging

certain

withdraw the

the

desire

into issued

the

as Cardinal's

and dinner

differences

provided

provisions

license

policy

hereto

agreed

for

D.C.;

opposing

their

Parties

75391

beverages.

Board's

and

is

the

the

trading

lunch,

Board

No.

an internet

a protest

and

of that

operate

61128-06/113P)

Control

NE, Washington,

application,

WHEREAS, Protestant the

of

No.

License

LLC,

breakfast,

filed

concerns its

'CT'

and alcoholic

Applicant

Protestant's

condition

to

has

WHEREAS, in

the

10th Street,

(Case Beverage

a class Restaurant,

serving

WHEREASProtestant

Alcoholic

for

intends

lounge,

WHEREAS, the

an application

as Brookland

located

restaurant,

filed

consent Agreement

issuing Agreement

the are

to is

NOW, THEREFORE, mutual

covenants

agree

as follows:

1. herein

in

consideration

and

of

conditions

the

recitals

hereinafter

Recitals Incorporated. by reference.

set

set

The recitals

forth

forth,

above

above,

the

are

the

parties

incorporated

Hours 2.1 choosing,

Opening no earlier

but Sunday Friday

2.3

Closing

provisional months those

hours from

six

to

the

reach

day

Protestants

from

the

may petition Applicant's

agree

first

the

a protest

to

day

Board

closing OUtside

if

images

area. shall or

contained

4. with

There any

kind

No loudspeaker be placed

an image

the

closing

hours.

issue

negatively

closing

which at

effect

be deemed If,

hours

after

interfere

in

In

event

the

on or

before

the

hours premises,

peace,

faith

either

the

hearing

good

shall

order,

8

party

Board

shall

be whether

and quiet.

into

inside the

in

shall

comply with

applicable

permits

be no mechanical

used or

any

shall

on

any

the outside

(or other

outside source

establishment seating

or

devices near) of in

the

sound such

the restrictions

that

create

outside or

on

documents.

noise

a way as to

sound

seating or

image

cast

sound

area.

Boi... Applicant acknowledges familiarity with and shal noise-control provisions of District of Columbia law and

regulations,

six

negotiate

event,

the

hour

until

premises.

on the

in

shall

herein,

closing

sold

a hearing,

Applicant

any,

of

the shall

one half

Seatinq

3.2 or

that

is

2.1

on the

parties

The sole

3.1 hours,

sold

the

alcohol

hours

Section

than

as provided

on replacement

for

hearing.

is

no later

in

contend

concerning

unable

forth

adjustment

alcohol

agreement

months

set

to

and quiet,

are

3.

first

am am

be announced

hours

order,

parties

hold

will

subject

months,

peace,

2:00 3:00

through Thursday, and Saturday,

2.2 Last Call scheduled closing.

before

with

time may commence at the hour of the Applicant's than 6:00 am. Closing time shall not exceed:

including:

2

comply

4.1 musical sound

Applicant

instrument or

Law 2-53), Title

above,

as amended. the

the

doors

device

are

in

comply

with

the

premises

of

hours

is

being

act

Noise

residential

housing

Applicant

agrees

currently

in

using

from

inside

or

of

abide

by

source

1977 all

regulations,

the

of

(Public

Alcoholic

in

particular

the

is

in

for

of

be kept

being

the

door

requirements

shall

when music employed

of

device Act

by any

closed

played,

premises,

4.1

or

except

ingress

or

to

at

a sound when

egress

from

If

install

noise

not

is

be audible

deemed

soundproofing

4.4

There

4.5

Doorman/woman or other

shall

(except

of

in

to

in

surrounding

be a nuisance,

measures

of

quieting

that

is

respectful

case

for

patrons to

be no designated

the

establishment

role

5.

areas.

to

shall

greater

than

those

place.

as security outside

of

designated

inclement

15 minutes

area

in

staff

shall

closing

them

to

the

person

weather)

after

and encouraging surrounding

dance

working remain

with

depart

Premises.

the

in

express

a manner

residents.

Trash/Garbage/Rodents/Recycling 5.1

provide

Applicant

Protestant

recycling remains

will

rodent-proof

that

fully APplicant

sources

for

the

arrange the

trash

shall and

closed

shall

except

shall vermin

of

be kept

Applicant dumpsters

remain

removed.

shall

see

clean.

shall

a copy

materials

Applicant

food

the

sound

premises. 4.3

and

and windows

to

and

of

(25-725).

to

business

other

Control

agrees laws

emissions

or

DC Noise

including

necessary

any

device

the

The Applicant

DC Code

during

amplification

permit

Administration

If

times

persons the

violates

Regulation

25 of

not

amplification

that

4.2 all

or

noise,

Beverage

shall

within

help

regular upon

see

trash that

when trash

collection Garbage

closed area

dumpster

covers

the

garbage effort rat

and

and pavement

garbage

or

and and

containers,

and

reasonable

eliminate

trash request.

tightly

and dumpster deposit

make every to

for

contract,

is

only fit being

to

in properly added

or

eliminate

population.

5.2 Applicant agrees to ensure that all litter within th immediate vicinity of the establishment is picked up by the morning after operations.

the

5.3 outside

Applicant agrees recycling containers

not dispose of the glass recycling in between the hours of midnight and 8:00

3

am except

in

baqs

the

neighborhood.

and

fatty

5.4 fatty

oils

6.

from

in

the

upon

the

alleyway

will

provide

not

for

dumpsters.

Applicant

with

of

residents

proper

shall

trash

a copy

disturb

the

and

request,

behind

and

outward

Public

not

removal

of

deposit

agrees

to

the

contract

the

maintenance

in

provide

to

grease

grease

or

the

remove

grease

remove

shall

the

assist

space

in

in

front

of

the

curb

as needed

snow and

ice

from

the

applicable

DC laws reasonable

source

Space.

from

make every other

that

establishment

Applicant

18 inches

business

shall

the

Includinq

6.1

to

a manner

establishment. Exterior

and

in

Applicant oils

Protestant, from

and

of

hours

and

noise and

or

at

in

to

disturbance

closing,

or in

and

keep

to

them

and

these

prevent

respects.

front

free

comply

to

at

of

trash

with

shall

loitering

of

the

patrons

or

premises to

least

all

Applicant

disperse

cause

the

establishment

to

sidewalk

regulations effort

the

of

any

during

leave

quietly

at

closinq. 6.2 provide area the

Applicant

for

its

directly

patrons, in

Applicant

street

agrees

front

shall

parking

from

use

commercially

as many parking of

the

endeavor

spaces

establishment to

commercial

in

the

and

secure

located

just

efforts

shopping

as possible.

identify sources

reasonable In

center

addition,

additional south

to

off-

of

the

establishment.

6.3 Applicant shall post visible signage at the establishment's entrance directing patrons to refrain from parking Perry Place, NE (a one-block long cul-de-sac adjacent to the

on

establishment) . 6.4 security side of

Applicant

cameras

alleys). the

streamed

of the

the

shall

of

"live"

for

6.5 adjacent

in

to

Applicant alleys.

to

be placed

private

manage~ent

police

and maintain

adjacent

are

anyone's

recorded use

install

alleys

The cameras

interior

establishment, potential

in

to

the

so as not

residence. view

and a copy

in

working

establishment All

from

inside

maintained

for

to

capture

activity of

at

order (back

and

footage will

be

the least

60 days

for

investigations.

agrees

not

to support

4

closing

either

or both

6.6 alley stating its proximity

Applicant shall ~ost at least one visible sign in the that the establishment is in a "Drug Free Zone" due to to Brookland School and Turkey Thicket Recreation Center

6.7 fliers,

Applicant

handbills

specifically

or

agrees

other

similar

on lampposts,

public

space.

Lease,

Applicant

6.8 adjacent

Subject

to

to

to

signs

Landlord's

to

or

or

cause

ample

between

in

any

consent

provide

establishment

place

advertisement

street

agrees

the

not

the

vehicle

be placed public

any

space,

parked

as required

outdoor

dusk

to

in

the

by Applicant's

lighting

in

and dawn during

the

alley

hours

of

operation. 7.

License

under to

the

terms

third

Applicant

of

license

parties

managing

8

Teraa.

the

for

~

events

agrees and

where

to

shall the

operate

not

is

establishment

not

present

and

events aimed at underage consumption.

Consideration Applicant of

encourage

shall

neighboring

employees

conversations

encourage

residents

and patrons

and noise

to

at

leaving

a minimum

employees

9.3 to

Applicant

closing:

Many nearby when you

Police space

not

relationship

to

times.

the

establishment

during

disturb with

establish

to

hours

make the so please

to

when

be

shall

to

keep

operation.

~tavern"

in

any

announcement leaving

do not

make available

officers

establishment

patrons.

of

following

be courteous

to

Applicant

tonight.

wake

our

neighbors

safely."

agrees the

to

sleeping,

Department

inside

to

you

Drive

Applicant

Metropolitan

effort

are

leaving.

9.4 and work

"We ask

residents

are

agrees

and patrons

all

9.2 Applicant shall not use the term materials advertising or marketing the business.

faith

the

Drinking

9.1

manner

establishment

out

owner/manager

Applicant will not sponsor students which promote alcohol

considerate

prior

the

rent

business.

Underage

8.1 university

its

(hereinafter when

Applicant

and maintain

MPD.

5

to

also

space

'MPD') is

agrees

an ongoing

Washington, available to

DC

a telephone in

a

make a good

constructive

9.5 premise

on a regular

occasions that

Applicant for

these

basis.

which

Regulation.. in compliance

12

Staffing-

however,

exception

for

not

the

Applicant

will

employ

door

personnel

rule.

only by the ABC the approval of

who are

shall

.east

at

21

shall require all full time w.ait staff and complete a Board approved alcohol training program within sixty (60) days of beginning

ty

of

Voluntary

On-qoinq 14.1

and display at all as it is a part of with its conditions.

MOnitorinq. In

or

and attempt to the establishment

Aqreement

13.1 Applicant agrees to keep available times a copy of this Agreement at his establishment the license, and to familiarize all his employees

Protestant

or

age.

Availabili

violated

the

agrees

foreqoinq, Applicant laws and requlations.

12.3 Applicant agrees to actively recruit staff among those who live within 1 1/2 mile of

13

to

events

The applicant

and

In addition to the with all applicable

entry

be special

be charged.

be the

12.2 Applicant bartenders to successfully and education certification work.

hire

may,

will

charging

This Agreement can be modified agree~ent of all the Parties with

11. operate

of

anticipate

There

will

10. MOdification. Board, or by mutual the ABC Board.

years

not

admission

occasions

12.1

does

the

problems

event

the

develop,

and pledges

to

provisions

the

work

of

Applicant

toward

this

agrees

reasonable

agreement to

meet

are with

and effective

solutions 15.

Botic..

violation

of

and Enforcement the

shall

be notified

given

an opportunity

thereafter violation

before

provisions in

Before

of

this

writing

by the

to

such

cure

action

may be undertaken

against (such

ABC Board.

Voluntary person

In

Agreement, alleging

violation

within

Applicant

on the

30-day

6

period

such

the

violation

thirty is

basis

event

of

a

Applicant (30) of

hereinafter

and days

such referred

to

as the

~cure

ABC license period,

shall

which

constitute Any

writing

postage

A material

by Applicant,

ABC Board. be in

period").

has

cause

notices

and mailed or

.otic..

Notice

by

not

for

required

prepaid,

violation

of

been

seeking to

this

cured

within

a Show Cause

be made under

certified

mail,

hand-delivered,

to

Agreement

this

return

the

other

or

the

cure

Order

from

Agreement

receipt

its the

shall

requested,

parties

to

this

Agreement. 16.

may be given effective

by mail

as of

delivery.

under or

three

Notices

this

by hand

days

Agreement

delivery.

after

to

Applicant,

3748

Restaurant,

10tb Street,

Washington, With

a Copy

1225

J.

to

NW

DC

20036

Fitzgerald Place,

Washington, and other

by written

constitute

waiver

Control 17. two

this

to

may change

the

other

Agreement.

filing

of

the

at

to

notice

give

violation,

a complaint

notice

signatories

Failure

to

the

but

with

the

address the

notice

Alcoholic

shall

not

shall

be

Beverage

Board. Counterparta.

or

more

but

all

of

In

other

of

the

toqether

DC 20017

acquiescence

the

HE

signatories

notice

in or

to

Esq.

Street,

Protestant

904 Perry

a prerequisite

LLC

320

Monica

provided

actual

NE

Kline,

19th

Suite

above

be deemed upon

DC 20017

Washington,

listed

shall

delivery

and

to

Andrew

addresses

notice

and hand

writing,

to

Brookland

Applicant

Mail

mailing

be in

may be addressed:

If

If

shall

This

counterparts, which

words, identical

together 'even

shall

though

Agreement,

and be attached

may be executed

Agreement each

which

in

shall

constitute

multiple all

to

of

one

parties

signed effect

have

7

and

the

may sign

papers

simultaneously

be deemed

will

as original, same instrument.

different

be collected

one Agreement.

copies

in

~

18.

Withdrawal

acceptance for license

by the filed

of

Protest.

ABC Board, by any of

Upon execution any protest the parties

of

of the hereto,

this

Agreement

and

Applicant's application shall be deemed

withdrawn. Applicant: Print

Name

Date:

Signature:

For

The Residents

Print

Name:

of

M~~ica

Perry

Place:

Fi!zgeral~

~

Date:

Signature Print

Name:

Dino

Name

$[e~--

Drudi

Date:

Siqnature~

Print

~-C/=ti(j

Joseph

Skeffington

Date:

1~3! l?--6-

Signature:

Print

Name

Mary"-

Elizabeth

I<enel

~~c

Date:

Signature:

8

/;).-O3-0G:

its