Settlement Agreement for the American Restaurant in Blagden Alley

Below is the settlement agreement negotiated with the American restaurant going into Blagden Alley.  This agreement reflects the hours and the specific concerns expressed by neighbors at the ANC 2F Alcohol Policy Committee meeting.  The Committee voted 5-0 to support these terms.  A Blog post on 21 October provides additional details on the plans for the American.  While this will be voted on at the 6 November meeting of the full ANC, the formal protest period has passed.

SETTLEMENT AGREEMENT

THIS SETTLEMENT AGREEMENT (Agreement) is made on this _____   day of         ________________ 2013, by and between Blagden Alley Entertainment, LLC t/a The American  ABRA No. 092766, (Applicant) and Advisory Neighborhood Commission ANC 2F (ANC) (Collectively, the ‘Parties”)

WHEREAS, the Applicant’s application for a license for the premises, 1209-1213  10^th Street, N.W. is pending before the District of Columbia Alcoholic Beverage Control Board (ABC) and,

WHEREAS, the premises is within the boundaries of the ANC, and,

WHEREAS, no protest was timely filed by the petition date September 9, 2013, and

WHEREAS, on September 20, 2013 ABRA advised the Applicant that the ABC Board reviewed and APPROVED the new application for the Applicant,

WHEREAS, the parties hereto have met to discuss the ongoing relationship between the Applicant, the ANC and the nearby neighbors,

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 will manage and operate a Class C   license at the listed address as a Classic American Bistro with recorded music and Summer Garden.

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

Inside Operation:

Sunday-Thursday 7 a.m. to 1 a.m. Sales, Service and Consumption

Friday-Saturday 7 a.m. to 2 a.m. Sales, Service and Consumption

Outside Operation:

Sunday-Thursday Sales and Service 8 a.m. to 10:30 .p.m., Consumption to 11 p.m.

Friday-Saturday Sales and Service 8 a.m. to 12:30 a.m., Consumption to 1 a.m.

4.     Noise and exhaust:  The Applicant will comply with all applicable noise laws and regulations.  To facilitate compliance applicant will use reasonable methods of acoustic sound isolation for the construction of the site and materials to facilitate acoustic sound proofing in the fence and walls surrounding the outside patio, consistent with weather proofing needs, as well as for the HVAC unit.  The exhaust duct will be placed in a location to minimize the impact of the exhaust  on the surrounding residents

5.     Music:     Outside music will cease at 11 p.m., Sunday – Thursday; 1 a.m Friday and Saturday.

6.     Deliveries:     Deliveries will be made by hand truck from the nearby streets.

7.     Trash pick-ups and dumpster:     There will be no trash pickups prior to 7 a.m. and the dumpster(s) shall be located on the Applicant’s property.

8.     Outdoor Smoking:      The Applicant will attempt as much as practical to eliminate any smokers standing in the alley and to achieve that goal will establish a smoking area in the outside portion of the site which will be located to minimize impact on the local residents.

9.     Parking:     None of the Applicant’s employees shall park in the alley; and the Applicant will post signs advising patrons not to park in the alley. Menus and signs at the exit will include statements for the patrons to respect the peace and quiet for the neighbors upon entering and exiting the site.

10.  Entrance to site:    The entrance for patrons shall be into the same door that presently exists for the boxing gym and patron ingress and egress will not be allowed from the outside area into any party of Blagden Alley.

11.  Windows and doors: The windows and the doors (except for ingress and egress) will remain closed whenever the outside area is closed.

IN WITNESS WHEROF, the parties have affixed hereunto their signatures.

Applicant:   Blagden Alley Entertainment, LLC        Advisory Neighborhood Commission 2F

                    1209-1213 10^th Street, NW                    

                    Washington, DC

By:                                                                              By: