Discussion Draft May 20, 2013 Not Intended for Wide Distribution

VOLUNTARY AGREEMENT BETWEEN NURISH FOOD & DRINK AND ARCH DEVELOPMENT CORPORATION ADVISORY NEIGHBORHOOD COMMISSION 8A THIS AGREEMENT is entered into by and between NURISH Food and Drink, a corporation organized under the laws of the District of Columbia, hereafter referred to as “Applicant”) and the Advisory Neighborhood Commission 8A (herein referred to as “ANC”). WHEREAS, the Applicant has applied for a Class CT tavern license from the District of Columbia Alcohol Beverage Regulation Administration (ABRA) for its planned business at 1231 Good Hope Rd SE Washington, DC 20020 within the Anacostia Arts Center whose property owner is ARCH Development Corporation, a Ward 8 nonprofit in Historic Anacostia. ARCH Development Corporation has granted a lease to NURISH Food and Drink to operate on their premise located at 1231 Good Hope Rd SE. WHEREAS, the ANC wants to foster the development and growth of responsible businesses serving the neighborhood; NOW, THEREFORE, be it AGREED: 1. TERMS OF THE LICENSE The Applicant will comply with all the laws and regulations governing the operation of a licensee in the class applied for and approved by ABRA. The Applicant will further comply with any specific terms set by ABRA including those terms in the instant Agreement as ABRA may incorporate them as additional terms of the license. 2. HOURS OF OPERATION. after ABC regulated hours. The Applicant will not sell alcoholic beverages before or

3. INTOXICATED PATRONS. The Applicant will not serve alcohol to any patron who appears intoxicated. The Applicant will prevent other patrons from providing alcohol to any patron who appears intoxicated. The Applicant will ensure that its staff is trained in identifying and refusing service to intoxicated patrons and preventing intoxicated patrons from further alcohol consumption. 4. UNDER AGE SALES. The Applicant will not sell to, deliver to or permit any person under the age of twenty-one years to consume alcohol on the premises. The Applicant will ensure that its staff is trained in preventing alcohol consumption by underage patrons. 5. OFF-PREMISES SALES The Applicant will not make any sale of alcoholic beverages intended for consumption outside of or off its premises. 6. LOITERING. The Applicant must use its best efforts to discourage and stop loitering outside, on or about its premises including the alley. In addition to contacting the police when loiterers refuse to leave, the Applicant will take all reasonable and lawful acts to discourage and stop loitering. Best efforts will be judged by the Applicant’s adoption of best practices as they are developed or coordinated with the Metropolitan Police Department and or the ANC.

Discussion Draft May 20, 2013 Not Intended for Wide Distribution

7. LIGHTING. During its hours of operations, the Applicant will keep the area immediately outside its premises (front of the building) well-lit. 8. ILLEGAL ACTIVITIES, PUBLIC DRINKING AND PUBLIC NUISANCES. The Applicant will contact the Metropolitan Police Department and report any suspicious or unlawful activity conducted inside, outside or about its premises including but not limited to public drinking. The Applicant will not sell single cigarettes, cigars, cigarette rolling papers, plastic bags or any paraphernalia commonly known to be associated with illegal drug use. The Applicant will not maintain or cause to be installed any public telephone on, outside or about its premises. 9. LITTERING. The Applicant will take reasonable measure to ensure that the following are kept litter free (i) the premises (ii) immediate environs of the establishment adjacent to the alleys, sidewalks, or other public property immediately adjacent to the establishment, or (iii) other property used by the Applicant to conduct its business. 10. GRAFITI. The Applicant will promptly (within 10 days) remove or paint over any graffiti on the exterior walls of the premises. 11. ON-GOING COOPERATION. The Applicant will respond within 14 calendar days to any written complaint received from the ANC and such response must identify any efforts the Applicant is taking or intends to take to address the complaint and the underlying concerns in the complaint. If the Applicant does not plant to take any action to address the complaint, the Applicant should state so in its response. 12. PUBLIC INSPECTION. The Applicant agrees to have a copy of this Agreement available upon request at the location of the business. 13. MOST FAVORED NATION. ANC will enter into a voluntary agreement with any and all future ABRA applicants including applications for renewals or substantial change. ANC will not enter into any agreement on more favorable terms with another ABRA applicant than the instant agreement. Any of the above provisions found to be excluded from a future agreement where the conditions and or circumstance are sufficiently similar to those of the Applicant will become unenforceable against the Applicant until such time as the provision is made applicable to the other ABRA applicant. 14. ENFORCEMENT: The provisions of this Agreement shall become part of the conditions of the ABC license and shall remain in force for the duration of renewal period of the license. Except as provided in paragraph 13, an alleged violation of this Agreement may constitute a basis for the ABC board to initiate a show cause hearing upon a complaint of the alleged violation by ANC. The right to seek enforcement of any provision of this Agreement belongs exclusively to the ANC. 15. OPPORTUNITY TO CURE. Except for alleged violations of general law proscribed by sections 2, 3 and 4, the ANC ordinarily will provide the Applicant an opportunity to cure any alleged violations after providing the Applicant an opportunity to be heard on the allegations. 16. SEVERABILITY. In the event any provision of the above provisions is deemed to be void, invalid or unenforceable that provision will be served from the remainder the Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement and the remaining provisions will continue in full force and effect. 17. MODIFICATION. This Agreement may be modified only upon the written and signed agreement of all parties.

Kera Carpenter ________________________ NURISH Food and Drink

Duane Gautier __________________________ ARCH Development Corporation

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