SETTLEMENT AGREEMENT

 

AGREEMENT made this __ day of April, 2014, by and between ATSEDE CORPORATION (the Applicant), ADVISORY NEIGHBORHOOD COMMISSION 4A (ANC4A) and ADVISORY NEIGHBORHOOD COMMISSION 4B (ANC 4B). WITNESSETH:

 

WITNESSETH

 

WHEREAS, the parties desire to modify the the current Voluntary Agreement (2002) approved by the District of Columbia Alcoholic Beverage Control Board (ABC). The Applicant has requested a modification to its settlement agreement for a class CR license for premises 7815 Georgia Avenue, N.W., ABC Application #50151; and,

 

WHEREAS. the premises is within the boundaries of ANC 4B, and,

 

WHEREAS, the initial Voluntary Agreement, established in 2002, for the Applicant was established with ANC 4A, and

 

WHEREAS, the Nile Restaurant and Market is not located in close proximity to residences as other ABRA-licensed establishments on upper Georgia Avenue N.W., and

 

WHEREAS, the Nile Restaurant and Market has been in operation at the present location for more than 15 years, and,

 

WHEREAS, the Parties are desirous of entering into a Settlement Agreement

pursuant to D.C. Official Code 25446 for the operation and maintenance of the

Establishment in such a manner as to promote the peace, order and quiet of the

neighborhood. All parties recognize the importance of business neighborhoods that are

safe, clean, and "pedestrian friendly".

 

NOW, THEREFORE, the parties agree as follows:

 

1. Recitals Incorporated. The recitals set forth above are incorporated herein by

reference.

 

2. Nature of the Business. The Applicant shall manage and operate at the address a

place that is regularly used for the sale and service of prepared food and alcoholic

beverages.

 

 

 

 

3. Hours of Operation and Sales. The Applicant's hours of operation shall be as follows:

 

Inside Services

Sunday through Thursday 10 AM to 12 AM (midnight)

Alcohol Service 10 AM to 11:30 PM

Friday and Saturday 10 AM to 3 AM

Alcohol Service 10 AM to 2 AM

 

Sidewalk Services

Sunday through Thursday 11 AM to 12 AM

Alcohol Service 10 AM to 11:30 PM

Friday and Saturday 11 AM to 3 AM

Alcohol Service 10 AM to 2 AM

 

Entertainment Endorsement

Sunday through Thursday 6 PM to 12 AM (midnight)

Friday and Saturday 6 PM to 3 AM

 

 

Provided that: (a) on days designated by the ABC Board as "Extended Hours

for ABC Establishments" Applicant may operate (including sale and

consumption) for one hour later th an the hours listed above; (b) in the event

that the Council of the District of Columbia or the ABC Board grants licensees

in general extended operating hours (such as for the Inauguration). Applicant

may avail itself of such extended hours; and (c) on January 1 of each year,

Applicant may operate (including sale and consumption) until 3:00 a.m.

 

4. Floors Utilized and Occupancy. The Applicant will operate its establishment according to

the occupancy indicated on the Certificate of Occupancy issued by the Department of

Consumer and Regulatory Affairs.

 

5. Sidewalk Cafe. Applicant will operate its sidewalk cafe in accordance with the

Public Space Management Branch Certification. Applicant will direct that its

employees inspect the sidewalk cafe on a regular basis to ensure its cleanliness.

 

6. Noise, Odor, and Privacy. No objectionable odors will be created by the Applicant.

Applicant will strictly comply with D.C. Official Code 25-725, which may include

the need to make architectural Improvements to the property. Applicant agrees to

keep Its rear doors closed when music is being played inside the establishment but

may open Its front window panels during such times, provided that the music is not

audible beyond the street curbside. If necessary, Applicant will take reasonable

steps necessary to reduce noise emanating from the opening of entry or exit doors.

Applicant will take all reasonable steps to strictly comply with D.C. Regulations

concerning noise emanating from the establishment's mechanical equipment.

Particulars:

a. No form of dancing will be allowed.

b. Entertainment (limited to one musician and three vocalists) will be allowed.

c. The Applicant will insure that exterior sound levels do not exceed 60 decibels.

 

7. Public Space and Trash.

 

a. Applicant shall keep its entire property and the sidewalk (up to and including

the curb), tree box(es), curb, and alley clean and free of litter, bottles, and other

debris in compliance with D.C. Code and Municipal Regulations. Applicant shall

police these areas suffiCiently to assure that refuse and other materia ls are promptly

removed.

 

b. Applicant shall ensure that the area around the dumpster is kept clean at all

times and the dumpster is placed such that it does not encroach on the abutting

property owners and that no garbage is placed on the abutting property. Applicant

shall ensure that no trash is placed outside the establishment other than in a fully closed

dumpster. Applicant shall ensure that the lids on all dumpsters are fully

closed at all times. Applicant shall not place trash in its dumpster in any manner

that would prevent the full closure of the dumpster. Applicant shall ensure that all

dumpsters used are properly maintained and replaced when damaged.

 

c. Applicant shall ensure that all grease is placed in a secure well-maintained

container inside the property where possible. Any grease leak shall be cleaned up

promptly and all containers shall be properly maintained and replaced when

damaged or leaking.

 

d. Applicant will ensure timely trash disposal that is the least disruptive to the

neighbors. To that end, no glass shall be recycled or otherwise disposed after 10

p.m. or before 7 a.m. Any glass material needing to be recycled or otherwise

disposed between 10 p.m and 7 a.m. shall be stored inside the Applicant's

establishment until 7 a.m.

 

e. Commercial trash pick up in residential areas takes place between 7 a.m.-7

p.m. Applicant shall not allow for its trash to be picked up outside of those hours.

 

 

8. Rats and Vermin Control. The Applicant shall provide rat and vermin control for

its property. Applicant shall have the Establishment and the area around the

Premises properly cleaned at the end of each night to ensure that there are no

garbage and odors present the following morning.

 

9. Security Cooperation in Stemming Criminal Activity and Public Drinking. Applicant agrees that it shall take all reasonable steps to minimize such problems,

including, without Iimitation, providing a sufficient number of employees to assure

adequate security and to control unruly patrons, whether inside or in the immediate

outside area; monitoring for and prohibiting criminal activity within or about the

Premises, maintaining contact and cooperating wi th MPD and other enforcement

officials when known or suspected drug activities occur. Applicant shall to the full

extent permissible by law discourage loitering in the vicinity of the Premises.

 

10. Transfer of responsibilities. ANC 4A, hereby transfers all roles and responsibilities to ANC 4B. All future transactions will be between the Applicant and 4B with ANC 4A in the role of an affected ANC.

 

11. Cancellation of previous Agreements. Except as otherwise explicitly provided

herein, this Agreement shall have full force effect and shall constitute the agreement

between the parties. This agreement may only be modified by written agreement of

all the parties or their successors, or otherwise in accordance with law. All other

previous Voluntary or Settlement agreements are rendered null and void.

 

IN WITNESS WHEREOF, the parties have affixed hereunto their hands and seals on the day and year first above written.

 

 

ATSEDE CORPORATION

 

Print Name_Retta Makonnen_____________________________________

Sign Name____________________________________________________

 

Title ___________Owner_________________________________________

 

Date__________________________________________________________

 

 

 

 

 

 

ADVISORY NEIGHBORHOOD COMMISSION 4A

 

Print Name_____Dwayne Toliver__________________________________

 

Sign Name________________________________________________________

 

Title_____Chair ANC4A_____________________________________________

 

Date________________________________________________________________

 

 

ADVISORY NEIGHBORHOOD COMMISSION 4B

 

Print Name_____Sarah Green__________________________________________

 

Sign Name_____________________________________________________________

 

Title______Chair ANC4B_________________________________________________

 

Date____________________________________________________________________