HomeMy WebLinkAboutCommitments_Signed 02-25-21Amendment to Commitments
Tomahawk Holding LLC
220 Second Street SW
Carmel, Indiana
RECITALS
On December 10, 2021, the Department of Community Services of the City of Carmel,
Indiana (“DOCS”) agreed 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, agreed to and committed to the strict compliance and
performance of certain commitments (“Commitments”) until the earlier of an approval or denial
of a use variance from the Carmel Unified Development Ordinance or February 25, 2021.
On February 22, 2021, the Carmel Board of Zoning Appeals and the Operator agreed to
continue deliberations on the grant of a use variance until March 29, 2021 and the Operator agreed
to continue to abide by and fulfill the Commitments.
DOCS has agreed to continue to temporarily suspend the enforcement of the Notice of
Non-Compliance.
In consideration for the agreement of DOCS to continue to temporarily suspend
enforcement of the Notice of Non-Compliance and the agreement of the Operator and the Carmel
Board of Zoning Appeals, the Owner and the Operator hereby agree to and commit to the strict
compliance and performance of the Commitments until the earlier of an approv al or denial of a
use variance from the Carmel Unified Development Ordinance or March 31, 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 cas e 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 in their sole and absolute discretion and upon such condit ions,
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 a nd both Owner and Operator agree to such
relief and will not object to same.
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SIGNATURE PAGE FOLLOWS
DocuSign Envelope ID: EC9F3F92-CD89-4C21-B493-2E9B7916A323
2
Agreed to this 25th day of February, 2021.
Tomahawk Holding LLC The Greatest of All Taverns, LLC (d/b/a The GOAT)
By: __________________ By: ___________________
_____________________ ______________________
Printed Signature Printed Signature
Its ____________________ Its ____________________
Title Title
Department of Community Services
City of Carmel, Indiana
By: ________________________
Michael Hollibaugh
Its Director
DocuSign Envelope ID: EC9F3F92-CD89-4C21-B493-2E9B7916A323
2/25/2021
CEO
2/25/2021
Michael Hollibaugh