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 MarieCastellucci, Greg Delhaye, Dino Drudi, Monica Fitzgerald, RebeccaForsman, Magdah Hafez, Josephus Hicks, Susanne U. Horn, KatherineJacquart, Timothy Janning, Mary Kenel, Shu Lan Ma, Filippo Marcantonio,Robin Minter, Shannon Minter, Katie Paul, David Powell, KathleenPowell, Ermine Primus, Angelo Saladini, Joseph Serensits, LoisSerensits, Melissa Sharer, Norman Sheehan, Joseph Skeffington, DeniseSpencer, Dan Vera, Katherine Zeller, and Ron Edmundson (hereinaftercollectively referred to as the 'Protestant'), hereinafter the'Parties',RECITALSWHEREAS, 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 thepremises known as Brookland Restaurant, LLC, trading as Cardinal'sNest, 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 withespresso coffee drinks, and alcoholic beverages.

WHEREAS

Protestant has filed a protest opposing the applicatiorWHEREAS, in recognition of the Board's policy of encouraging parties toa protested proceeding to settle their differences by reachingvoluntary agreements, the Parties hereto desire to enter into avoluntary agreement;WHEREAS, the Applicant has agreed to adopt certain measures to addressthe Protestant's concerns and to include this agreement as a formalcondition of its application, andWHEREAS, Protestant has agreed to withdraw its protest and consent tothe granting of the license, provided that this Voluntary Agreement isincorporated is incorporated into the Board's order issuing thelicense, and that the provisions of this Voluntary Agreement areconditions of the license issued to Applicant,

NOW, THEREFORE, in consideration of the recitals set forth above, themutual covenants and conditions hereinafter set forth, the partiesagree as follows:

1. Recitals Incorporated.herein by reference.

The recitals above are incorporated

Hours

2.1 Opening time may commence at the hour of the Applicant'schoosing, but no earlier than 6:00 am. Closing time shall not exceed:2:00 am3:00 am

Sunday through Thursday,Friday and Saturday,

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

2.3 Closing hours set forth in Section 2.1 shall be deemedprovisional hours subject to adjustment as provided herein, until sixmonths from the first day alcohol is sold on the premises. If, afterthose six months, Protestants contend that the closing hours interferewith peace, order, and quiet, the parties shall negotiate in good faithto reach agreement concerning the closing hours. In the event theparties are unable to agree on replacement closing hours on or before 8months from the first day alcohol is sold on the premises, either partymay petition the Board for a hearing, in which event, the Board shallhold a protest hearing. The sole issue at the hearing shall be whetherApplicant's closing hours negatively effect peace, order, and quiet.

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

4. Boi... Applicant acknowledges familiarity with and shalwith noise-control provisions of District of Columbia law andregulations, including:

comply

4.1 Applicant shall not permit any emissions of sound by anymusical instrument or amplification device or other device or source ofsound or noise, that violates the DC Noise Control Act of 1977 (PublicLaw 2-53), as amended. The Applicant agrees to abide by all AlcoholicBeverage Regulation Administration laws and regulations, in particularTitle 25 of the DC Code including (25-725).4.2 If necessary to comply with the requirements of 4.1above, the doors and windows of the premises shall be kept closed atall times during business hours when music is being played, or a soundamplification device is being employed in the premises, except whenpersons are in the act of using the door for ingress or to egress fromthe premises.4.3 Noise from inside shall not be audible in surroundingresidential housing areas. If noise is deemed to be a nuisance,Applicant agrees to install soundproofing measures greater than thosecurrently in place.

4.4

There shall be no designated dance area in the Premises.

4.5 Doorman/woman

or other designated staff person workingas security (except in the case of inclement weather) shall remainoutside of establishment for 15 minutes after closing with the expressrole of quieting patrons and encouraging them to depart in a mannerthat is respectful to surrounding residents.

Trash/Garbage/Rodents/Recycling5.1 Applicant shall arrange for regular trash collection andprovide Protestant a copy of the contract, upon request. Garbage andrecycling materials shall be kept within tightly closed containers, andApplicant will see that the trash and dumpster area and pavementremains clean. Applicant shall deposit trash and garbage only inrodent-proof dumpsters and shall see that dumpster covers fit properlyand remain fully closed except when trash or garbage is being added orremoved. APplicant shall make every reasonable effort to eliminatefood sources for vermin to help eliminate the rat population.

5.2 Applicant agrees to ensure that all litter within thimmediate vicinity of the establishment is picked up by the morningafter operations.5.3 Applicant agrees not dispose of the glass recycling inthe outside recycling containers between the hours of midnight and 8:00