Zaytoon Good Neighbor Agreement

Good Neighbor Agreement Between Zaytoon LLC, CNA and VNA

Good Neighbor Agreement
Between
Zaytoon LLC, Concordia Neighborhood Association
And Vernon Neighborhood Association
March 14, 2005

This Good Neighbor Agreement is executed between Zaytoon LLC, (hereafter referred to as Zaytoon), the Concordia Neighborhood Association, (hereafter referred to as CNA), and the Vernon Neighborhood Association, (hereafter referred to as VNA), the latter two being neighborhood associations recognized by the City of Portland.

This agreement is founded on the belief that a successful business relies on the strength of the neighborhood around it, and the strength of the neighborhood lies in the responsibility and health of the businesses operating in it. The parties enter into this agreement in a spirit of cooperation and to establish a mutually satisfactory working relationship.

1.0 Background

Zaytoon is a Bar/Restaurant located at 2236 NE Alberta Street, within the Concordia Neighborhood Association, along the border of the Vernon Neighborhood Association. Zaytoon is located in an area with heavy pedestrian traffic and activity that will have an impact on the surrounding residents. The partners of this agreement are committed to minimizing the negative impact of this business, and its customers, on the livability of the neighborhood.

2.0 Formation of the Partnership

The following Good Neighbor Agreement is made between the undersigned (hereinafter referred to collectively as the “Partners”) for the Zaytoon LLC, (2236 NE Alberta Street), owned and operated Aysha Ghazoul. The issues addressed in this Agreement have been developed by Aysha Ghazoul, the Concordia Neighborhood Association, the Vernon Neighborhood Association, the Office of Neighborhood Involvement Crime Prevention and the Oregon Liquor Control Commission.

The issues addressed in this Agreement have been agreed upon by all of the parties mentioned above. We acknowledge that this document represents the good faith effort by all parties to resolve the issues identified herein.

3.0 Duration

This Agreement shall begin March 25th, 2004 and shall remain in effect until all parties agree to dissolve the agreement. The parties shall meet annually to review the status of the agreement.




GNA Between Zaytoon, CNA & VNA (cont.)

4.0 Goals of the Agreement
4.01 Maintain the livability and safety of the neighborhood.
4.02 Minimize nuisance issues, crime and fear of crime in and around the restaurant.
4.03 Develop and maintain clear communication channels between all partners.

5.0 Restaurant Operating Policies

5.01 Operations
Zaytoon business operating hours would be from 5pm-1am, Sunday through Thursday & 5pm-1am, Friday & Saturday. .

5.02 Outdoor Seating
In the event that Zaytoon allows outdoor seating, it shall be allowed no later than 10pm Sunday through Thursdays and 1am Friday and Saturdays. In the event that noise complaints arise as a result of the patio seating, Zaytoon agrees to work with the neighbors and associations to mitigate concerns. Outdoor seating shall not encumber sidewalk pedestrian traffic. All parties will review the success of these hours in September of 2005 and will make adjustments as is necessary.

5.03 Litter/Vandalism
Restaurant shall keep the exterior of the premises and the alley free of litter, garbage and graffiti. Zaytoon owner/employees shall make every effort to document the graffiti by taking pictures and/or writing down descriptions of the graffiti before cleaning it off of the premises. Zaytoon shall share any pictures of graffiti with the Graffiti Abatement Program and/or the police.

Zaytoon shall utilize appropriate methods (such as locking dumpsters) to minimize availability of garbage and recycling for transients after hours. Zaytoon shall keep the gate to the garbage/recycling closed at all times.

5.04 Delivery Trucks
Delivery trucks shall not provide services to Zaytoon between the hours of 7:00 a.m. and 6:00 p.m. Delivery trucks will be instructed on parking locations to minimize any inconvenience to neighbors while unloading/loading.













GNA Between Zaytoon, CNA & VNA (cont.)

5.05 Noise
Zaytoon shall take reasonable actions to manage and control the noise level of patrons inside and outside of Zaytoon. The residents living and businesses working near Zaytoon that are disturbed by noise caused by Zaytoon or patrons of Zaytoon should contact the Owner/Restaurant Manager and can expect an immediate response. The police and/or Noise Control Office will be notified of any situation that shall warrant their attention.

Zaytoon shall instruct staff members to remind departing patrons (when appropriate) to be considerate of residents and keep the noise down in the neighborhood. All parties of the agreement will review this policy and make adjustments as necessary.

5.06 Entertainment
Zaytoon shall have live music no later than 10:30pm- Sunday –Thursday, and 12:00am (midnight)- Friday & Saturday. In the event that noise from live or recorded music creates complaints from neighbors, Zaytoon shall attempt to mitigate concerns and meet with neighbors to discuss resolution, (i.e., keeping windows/doors closed, lowering volume, employing security, etc).

Zaytoon shall have no exotic or nude dancers. This will not preclude Zaytoon from hosting “specialty acts” by performance artists that meet, and maintain, community decency standards.

5.07 Troubleshooting
Zaytoon shall maintain an incident/complaint log, which shall be freely accessible to the partners. The log will include, but not be limited to, the following information:
· All disturbances, inside and outside the premises related to Zaytoon customers.
· Names and/or descriptions of all persons denied service and/or trespassed from the property (86’d).
· All phone calls to law enforcement.












GNA Between Zaytoon, CNA & VNA (cont.)

6.0 Roles/Duties of Partners

6.01 Restaurant agrees to:
· Include this agreement as part of their OLCC operating and business plans.
· Follow the operation guidelines agreed upon in the previous section.
· Maintain an ongoing relationship and open communication with neighbors and partners.
· Participate in follow up meetings.
· Follow up promptly on neighbor concerns related to Zaytoon or it’s customers.
· Provide all employees with a copy of this agreement as part of their employee orientation.


6.02 The CNA, VNA and Neighbors agree to:
· Support the granting of Zaytoon liquor license.
· Report any nuisance issues to the Zaytoon management.
· Report any crime issues to the police and Zaytoon management.
· Document incidents occurring in and around Zaytoon, and forward documentation to the appropriate partner and/or agency.
· Participate in follow up meetings when appropriate.

6.03 The Oregon Liquor Control Commission (OLCC) agrees to:
· Investigate neighbor’s complaints and follow-up with the standard procedures if the complaints are substantiated by the investigation.
· Offer ongoing training to employees for issues related to alcohol sales and service.
· Participate in follow up meetings if necessary.

6.04 Office of Neighborhood Involvement Crime Prevention Specialists agrees to:
· Maintain a copy of the Good Neighbor Agreement and provide copies to the partners upon request.
· Provide technical assistance.
· Facilitate meetings and mediate minor disputes among parties, if requested.
· Provide information and updates to partners regarding problems in the area.
· Provide follow-up training upon request.





GNA Between Zaytoon, CNA & VNA (cont.)

7.0 Administration

7.01 Maintenance
The Crime Prevention Specialist will keep this agreement at the NECN Office. The ONI Crime Prevention Program shall maintain this Agreement and make it available to the undersigned partners at their request.

7.02 Meetings
The partners may meet annually to continue to coordinate efforts and evaluate the Agreement. Crime Prevention staff will coordinate these meetings. At any other time, any of the partners may call a meeting on an as-needed basis. Upon written request from a partner, Crime Prevention staff will coordinate the calling of the meeting by sending notice to all partners of this agreement. The notice will include the date, time and place of the meeting. Every effort will be made to ensure that the written notices are sent in a timely fashion.

7.03 Sale of the Business
In the event that the Owner sells Zaytoon, the current Owner agrees to give the buyer a copy of the Good Neighbor Agreement. The Owner will make every reasonable attempt to ensure/persuade the buyer to continue the Good Neighbor Agreement and allow it to be incorporated into the contract of the sale of the business. The Owner will give the CNA & VNA 60 days notice of intent to sell the Restaurant.

7.04 Problem Solving
If a problem does arise, neighbors shall first attempt to contact Zaytoon management to resolve the problem. Management will make every effort to address the concerns in a timely fashion.

If the problem persists, neighbors shall contact the CNA & VNA, who will attempt to resolve the problem. To help alleviate the neighbors concerns, the partners shall contact the Crime Prevention Specialist, Liquor Licensing Specialist and/or Oregon Liquor Control Commission for assistance resolving the problems. Additional resources (mediation, other agencies) may be utilized to resolve the problems.

All partners recognize that if problems involve illegal activities, neighbors will contact the police to report the activity, as well as following the steps outlined above.





Good Neighbor Agreement
Between
Zaytoon LLC, Concordia Neighborhood Association
And
Vernon Neighborhood Association

8.0 Signatures

By their signature, all parties agree to abide by this Good Neighbor Agreement.



Aysha Ghazoul, Owner, Zaytoon LLC Date



Concordia Neighborhood Association Date



Vernon Neighborhood Association Date



Liquor Licensing Specialist, ONI Date



Crime Prevention Specialists, ONI Date
















Appendix A: Contact Information


Restaurant:
Zaytoon LLC
Aysha Ghazoul
2236 NE Alberta Street
Portland, OR 97211
C#503-819-8794
H#503-236-4499
Email:ayshaeg@earthlink.net

Neighbors:
Sam Doane
CNA Vice Chair
NECN CSAL Chair
6324 NE 32nd Place
Portland, OR 97211
H#503-281-5471
C#503-705-0361
Email:samdoane@comcast.net

Stacey Roy
VNA Co-Chair
5905 NE 17th Ave.
Portland, OR 97211
H#503-281-3314
W#503-872-1704
Email:stacey_roy@yahoo.com

Agency Resources:
Kimberly Mark-Villela
Liquor Licensing Specialist
Office of Neighborhood Involvement
1221 SW 4th Ave, #110
Portland, Oregon 97204
Ph:503-823-3092
Fax:503-823-3050
Email:kmarkvillela@ci.portland.or.us

Tom Peavey
Crime Prevention Specialist
4815 NE 7th Ave.
Portland, OR 97211
Ph:503-823-4763
Fax:503-823-3150
Email:tpeavey@ci.portland.or.us

Noise Control
Officer Paul Van Orden
OPDR, City of Portland
1900 SW 4th
Portland, Oregon 97205
Ph: 503-823-7350

Stephen Sander
License Investigator
Oregon Liquor Control Commission
PO Box 22297
Milwaukie, Oregon 97269-2297
Ph: 503-872-5197
Fax: 503-872-5074

Officer John Laws
Liquor License Investigator
Portland Police Department
W#503-823-0246
Emails:jlaws@police.ci.portland.or.us