VOLUNTARY AGREEMENT

THIS VOLUNTARY AGREEMENT, made and entered into this ~ day of

~/t~r, 2006, by and between Brookland Restaurant, LLC, trading as
Cardinal's Nest (hereinafter the 'Applicant'), Lois Ball, Anne Marie
Castellucci, Greg Delhaye, Dino Drudi, Monica Fitzgerald, Rebecca
Forsman, Magdah Hafez, Josephus Hicks, Susanne U. Horn, Katherine
Jacquart, Timothy Janning, Mary Kenel, Shu Lan Ma, Filippo Marcantonio,
Robin Minter, Shannon Minter, Katie Paul, David Powell, Kathleen
Powell, Ermine Primus, Angelo Saladini, Joseph Serensits, Lois
Serensits, Melissa Sharer, Norman Sheehan, Joseph Skeffington, Denise
Spencer, Dan Vera, Katherine Zeller, and Ron Edmundson (hereinafter
collectively referred to as the 'Protestant'), hereinafter the
'Parties',

RECITALS

WHEREAS, Applicant has filed an application (Case No. 61128-06/113P)

with the District of Columbia Alcoholic Beverage Control Board
(hereinafter the 'Board') for a class 'CT' License No. 75391 for the
premises known as Brookland Restaurant, LLC, trading as Cardinal's
Nest, located at 3748 10th Street, NE, Washington, D.C.;

WHEREAS, Applicant intends to operate an internet cafe, coffee shop,

restaurant, lounge, serving breakfast, lunch, and dinner along with
espresso coffee drinks, and alcoholic beverages.

WHEREASProtestant has filed a protest opposing the applicatior

WHEREAS, in recognition of the Board's policy of encouraging parties to

a protested proceeding to settle their differences by reaching
voluntary agreements, the Parties hereto desire to enter into a
voluntary agreement;

WHEREAS, the Applicant has agreed to adopt certain measures to address

the Protestant's concerns and to include this agreement as a formal
condition of its application, and

WHEREAS, Protestant has agreed to withdraw its protest and consent to

the granting of the license, provided that this Voluntary Agreement is
incorporated is incorporated into the Board's order issuing the
license, and that the provisions of this Voluntary Agreement are
conditions of the license issued to Applicant,
NOW, THEREFORE, in consideration of the recitals set forth above, the
mutual covenants and conditions hereinafter set forth, the parties
agree as follows:

1. Recitals Incorporated. The recitals above are incorporated

herein by reference.

Hours

2.1 Opening time may commence at the hour of the Applicant's

choosing, but no earlier than 6:00 am. Closing time shall not exceed:

Sunday through Thursday, 2:00 am

Friday and Saturday, 3:00 am

2.2 Last Call will be announced no later than one half hour
before scheduled closing.

2.3 Closing hours set forth in Section 2.1 shall be deemed

provisional hours subject to adjustment as provided herein, until six
months from the first day alcohol is sold on the premises. If, after
those six months, Protestants contend that the closing hours interfere
with peace, order, and quiet, the parties shall negotiate in good faith
to reach agreement concerning the closing hours. In the event the
parties are unable to agree on replacement closing hours on or before 8
months from the first day alcohol is sold on the premises, either party
may petition the Board for a hearing, in which event, the Board shall
hold a protest hearing. The sole issue at the hearing shall be whether
Applicant's closing hours negatively effect peace, order, and quiet.

3. OUtside Seatinq

3.1 Applicant shall comply with the restrictions on

hours, if any, contained in any applicable permits or documents.

3.2 There shall be no mechanical devices that create sound

or images of any kind used on (or outside near) the outside seating
area. No loudspeaker or any other source of sound or noise or image
shall be placed inside the establishment in such a way as to cast sound
or an image into the outside seating area.

4. Boi... Applicant acknowledges familiarity with and shal comply

with noise-control provisions of District of Columbia law and
regulations, including:

2
 4.1 Applicant shall not permit any emissions of sound by any
musical instrument or amplification device or other device or source of
sound or noise, that violates the DC Noise Control Act of 1977 (Public
Law 2-53), as amended. The Applicant agrees to abide by all Alcoholic
Beverage Regulation Administration laws and regulations, in particular
Title 25 of the DC Code including (25-725).

4.2 If necessary to comply with the requirements of 4.1

above, the doors and windows of the premises shall be kept closed at
all times during business hours when music is being played, or a sound
amplification device is being employed in the premises, except when
persons are in the act of using the door for ingress or to egress from
the premises.

4.3 Noise from inside shall not be audible in surrounding

residential housing areas. If noise is deemed to be a nuisance,
Applicant agrees to install soundproofing measures greater than those
currently in place.

4.4 There shall be no designated dance area in the Premises.

4.5 Doorman/woman or other designated staff person working

as security (except in the case of inclement weather) shall remain
outside of establishment for 15 minutes after closing with the express
role of quieting patrons and encouraging them to depart in a manner
that is respectful to surrounding residents.

5. Trash/Garbage/Rodents/Recycling

5.1 Applicant shall arrange for regular trash collection and

provide Protestant a copy of the contract, upon request. Garbage and
recycling materials shall be kept within tightly closed containers, and
Applicant will see that the trash and dumpster area and pavement
remains clean. Applicant shall deposit trash and garbage only in
rodent-proof dumpsters and shall see that dumpster covers fit properly
and remain fully closed except when trash or garbage is being added or
removed. APplicant shall make every reasonable effort to eliminate
food sources for vermin to help eliminate the rat 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.

5.3 Applicant agrees not dispose of the glass recycling in

the outside recycling containers between the hours of midnight and 8:00

3
am except in baqs and in a manner that will not disturb residents in
the neighborhood.

5.4 Applicant shall provide for the proper removal of grease

and fatty oils from the establishment and shall not deposit grease or
fatty oils in the trash dumpsters. Applicant agrees to provide the
Protestant, upon request, with a copy of the contract to remove grease
from the establishment.

6. Exterior Includinq Public Space.

6.1 Applicant shall assist in the maintenance of the

alleyway behind and the space in front of the establishment to at least
18 inches outward from the curb as needed to keep them free of trash
and to remove snow and ice from the sidewalk and comply with all
applicable DC laws and regulations in these respects. Applicant shall
make every reasonable effort to prevent or disperse loitering or any
other source of noise or disturbance in front of the premises during
business hours and at closing, and to cause patrons to leave quietly at
closinq.

6.2 Applicant agrees use commercially reasonable efforts to

provide for its patrons, as many parking spaces in the shopping center
area directly in front of the establishment as possible. In addition,
the Applicant shall endeavor to identify and secure additional off-
street parking from commercial sources located just south of the
establishment.

6.3 Applicant shall post visible signage at the

establishment's entrance directing patrons to refrain from parking on
Perry Place, NE (a one-block long cul-de-sac adjacent to the
establishment) .

6.4 Applicant shall install and maintain in working order

security cameras in the alleys adjacent to the establishment (back and
side alleys). The cameras are to be placed so as not to capture footage
of the interior of anyone's private residence. All activity will be
streamed "live" for manage~ent to view from inside of the
establishment, recorded and a copy maintained for at least 60 days for
potential use in police investigations.

6.5 Applicant agrees not to support closing either or both

of the adjacent alleys.

4
 6.6 Applicant shall ~ost at least one visible sign in the
alley stating that the establishment is in a "Drug Free Zone" due to
its proximity to Brookland School and Turkey Thicket Recreation Center

6.7 Applicant agrees not to place or cause to be placed any

fliers, handbills or other similar advertisement in the public space,
specifically on lampposts, street signs or any vehicle parked in the
public space.

6.8 Subject to Landlord's consent as required by Applicant's

Lease, Applicant agrees to provide ample outdoor lighting in the alley
adjacent to the establishment between dusk and dawn during hours of
operation.

7. License Teraa. Applicant agrees to operate the establishment

under the terms of its license and shall not rent out the establishment
to third parties for events where the owner/manager is not present and
managing the business.

8 Underage Drinking

8.1 Applicant will not sponsor events aimed at underage

university students which promote alcohol consumption.

~ Consideration

9.1 Applicant shall encourage employees and patrons to be

considerate of neighboring residents at all times. Applicant shall
encourage employees and patrons leaving the establishment to keep
conversations and noise to a minimum during hours of operation.

9.2 Applicant shall not use the term ~tavern" in any

materials advertising or marketing the business.

9.3 Applicant agrees to make the following announcement

prior to closing: "We ask you to be courteous when leaving tonight.
Many nearby residents are sleeping, so please do not wake our neighbors
when you are leaving. Drive safely."

9.4 Applicant agrees to make available to Washington, DC

Metropolitan Police Department officers (hereinafter 'MPD') a telephone
and work space inside the establishment when space is available in a
manner not to disturb patrons. Applicant also agrees to make a good
faith effort to establish and maintain an ongoing constructive
relationship with MPD.

5
 9.5 Applicant does not anticipate charging for entry to the
premise on a regular basis. There may, however, be special events or
occasions for which admission will be charged. The applicant agrees
that these occasions will be the exception and not the rule.

10. MOdification. This Agreement can be modified only by the ABC

Board, or by mutual agree~ent of all the Parties with the approval of
the ABC Board.

11. Regulation.. In addition to the foreqoinq, Applicant shall

operate in compliance with all applicable laws and requlations.

12 Staffing-

12.1 Applicant will employ door personnel who are at .east 21

years of age.

12.2 Applicant shall require all full time w.ait staff and
bartenders to successfully complete a Board approved alcohol training
and education certification program within sixty (60) days of beginning
work.

12.3 Applicant agrees to actively recruit and attempt to

hire staff among those who live within 1 1/2 mile of the establishment

13 Availabili ty of Voluntary Aqreement

13.1 Applicant agrees to keep available and display at all

times a copy of this Agreement at his establishment as it is a part of
the license, and to familiarize all his employees with its conditions.

On-qoinq MOnitorinq.

14.1 In the event the provisions of this agreement are

violated or problems develop, the Applicant agrees to meet with
Protestant and pledges to work toward reasonable and effective
solutions

15. Botic.. and Enforcement Before ABC Board. In the event of a

violation of the provisions of this Voluntary Agreement, Applicant
shall be notified in writing by the person alleging such violation and
given an opportunity to cure such violation within thirty (30) days
thereafter before action against Applicant on the basis of such
violation may be undertaken (such 30-day period is hereinafter referred

6
to as the ~cure period"). A material violation of this Agreement or its
ABC license by Applicant, which has not been cured within the cure
period, shall constitute cause for seeking a Show Cause Order from the
ABC Board. Any notices required to be made under this Agreement shall
be in writing and mailed by certified mail, return receipt requested,
postage prepaid, or hand-delivered, to the other parties to this
Agreement.

16. .otic.. Notice under this Agreement shall be in writing, and

may be given by mail or by hand delivery. Mail notice shall be deemed
effective as of three days after mailing and hand delivery upon actual
delivery. Notices may be addressed:

If to Applicant, to

Brookland Restaurant, LLC

3748 10tb Street, NE
Washington, DC 20017

With a Copy to

Andrew J. Kline, Esq.

1225 19th Street, NW
Suite 320
Washington, DC 20036

If to Protestant

Monica Fitzgerald
904 Perry Place, HE
Washington, DC 20017

Applicant and other signatories may change the notice address

listed above by written notice to the other signatories at the
addresses provided in this Agreement. Failure to give notice shall not
constitute waiver or acquiescence to the violation, but notice shall be
a prerequisite to the filing of a complaint with the Alcoholic Beverage
Control Board.

17. Counterparta. This Agreement may be executed simultaneously in

two or more counterparts, each of which shall be deemed as original,
but all of which together shall constitute one and the same instrument.
In other words, 'even though multiple parties may sign different copies
of the identical Agreement, all signed papers will be collected
toqether and be attached to in effect have one Agreement.

7
 18. Withdrawal of Protest. Upon execution of this Agreement and its
acceptance by the ABC Board, any protest of the Applicant's application
for license filed by any of the parties hereto, shall be deemed

withdrawn.

Applicant:

Print Name

Signature:
Date:
~-C/=ti(j
For The Residents of Perry Place:

Print Name: M~~ica Fi!zgeral~

$[e~--
~

Date:
Signature

Print Name: Dino Drudi

Date:
Siqnature~

Print Name Joseph Skeffington

Date: 1~3! l?--6-

Signature:

Print Name Mary"- Elizabeth I<enel

~~c

Date: /;).-O3-0G:
Signature: