HomeMy WebLinkAboutCommitments_Signed 12-10-20Proposed Commitments
Tomahawk Holding LLC
220 Second Street SW
Carmel, Indiana
In consideration for the agreement of Department of Community Services of the City of
Carmel, Indiana("DOCS")to temporarily suspend enforcement of the Notice of Non-Compliance,
Tomahawk Holding LLC as the owner(the"Owner") of the property located at 220 Second Street
SW (the "Premises") and The Greatest of All Taverns, LLC (d/b/a The GOAT), as the operator
the "Operator") of the Premises, hereby agree to and commit to the strict compliance and
performance of the following commitments until the earlier of an approval or denial of a use
variance from the Carmel Unified Development Ordinance or February 25, 2021. In the event that
there is a failure to comply or perform any of these commitments and such failure is not cured
immediately upon notice from DOCS but in no case later than twenty-four(24)hours of receipt of
such notice from DOCS or the Carmel Board of Zoning Appeals has not granted a use variance to
allow for the continued use and operation of the Premises pursuant to these commitments and any
other conditions, then all operations on the Premises will cease immediately and will not resume
unless the Owner and Operator have obtained the approval of DOCS and the City of Carmel
City") which approval will be in their sole and absolute discretion and upon such conditions,
including these commitments,as they may impose in their sole and absolute discretion. It is further
understood and agreed,that in the enforcement of these commitments,the City or DOCS may seek
injunctive relief from the courts in Hamilton County and both Owner and Operator agree to such
relief and will not object to same.
1. Until such time as the Carmel Board of Zoning Appeals approves or denies an application
for a use variance, the restaurant and bar located on the Premises will be allowed to operate
only between the hours of 10:00 A.M. and 11:00 P.M. on Sunday through Thursday and
between the hours of 10:00 A.M. and 12:00 A.M. (Midnight) on Friday and Saturday and
in strict conformance with these commitments. It is understood and agreed that the
restaurant must be completely closed and all customers, patrons and invitees absent from
the Premises by 11:00 P.M. or Midnight as the case may be and the Operator will begin to
conclude all food and beverage services at 10:00 P.M. or 11:00 P.M., as the case may be
to ensure that the restaurant is fully closed by the times set forth above.
2. The Operator will take any and all steps necessary to ensure that the noise level outside of
the building located on the Premises, as well as anywhere outside of the building on the
Premises, does not exceed 50 decibels and in the event that the City of Carmel enacts any
ordinance that further restricts the noise level applicable to the Premises now or in the
future, the Operator will operate the restaurant and use the Premises in such a manner that
the operations and use do not exceed the lesser of 50 decibels or the level set forth in the
ordinance.
3. The Operator will take any and all necessary steps, including the employment of additional
staff, to control the entrance, exit and use of the Premises as follows:
a) All patrons, customers, invitees, vendors, staff, employees and coming to or from
the Premises must utilize only public streets, sidewalks,paths and the Monon Trail,
and will at all times avoid any entry upon any private property; including, but not
limited to, the private residences to the west of the Premises or the multi-family
housing development to the south of the Premises. To the extent necessary to
comply with this requirement, a private security firm will be required to be
employed by Operator.
b) There will be only one (1) entrance into the restaurant building from the main
entrance on the east side of the restaurant building and Operator will install any and
all improvements necessary to prevent entrance to the Premises from the Sandlot
outdoor area and the Monon Trail.
c) The Sandlot outdoor area,including the fire pit,is to be closed and remained closed
unless the use of the area is approved as a part of the use variance.
d) The Operator will have a dedicated, full time employee ("Bouncer") located at the
main entrance all times to: confirm the legal age of all patrons, customers and
invitees; to prevent any person from taking any beverages outside of the restaurant
building; and to ensure that all persons, excepting the staff and the employees,have
left the restaurant building and Premises, and that there is no loitering of such
persons in the immediate area surrounding the Premises by the required closing
time.
e) In the event that the City determines that notwithstanding these commitments, the
security of the neighboring properties is endangered, the Owner and the Operator
will provide for private security.
f) Live music is prohibited at all times.
4. Until such time as additional restroom facilities are constructed per the approval of DOCS
and the appropriate zoning and other governmental agencies and bodies, the occupancy of
the restaurant building and of the three season patio is not to exceed the lesser of 40 persons
per toilet or the standard set by the UDO, the Indiana Board of Health or the Hamilton
Board of Health.
5. A water hose will be installed and used on a regular and continuous basis to clean the
outside of the Premises and the surrounding area. On not less than a daily basis following
the closing of the Premises, the Operator will be responsible for the collection of trash and
debris in a three block area surrounding the Premises.
6. Owner and the Operator will take all steps to establish the point of drop off and pick off
for all ride sharing services at the Midtown garage. Ride sharing vehicles arriving at the
Premises will be directed to the Midtown garage.
Agreed to this 10 day of December, 2020.
Tomahawk 1 ing LLC The Greatest Taverns, LLC(d/b/a The GOAT)
By: By:
Printed Signature Printed Signature
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