HomeMy WebLinkAboutCommitments_Signed 03-16-21Second Amendment 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 and certain development standards variances
until March 29, 2021 and the Operator agreed to continue to abide by and fulfill the Commitments
and entered into that certain Amendment to Commitments under date of February 25, 2021
(“Amendment”) The Commitments and the Amendment are hereinafter collectively referred to as
the “Commitments”.
Due to a death in the family of the Sole Member of the Owner, the Owner has requested
that consideration of the petitions for use and development standards variances be tabled from the
meeting of the Board of Zoning Appeals scheduled to held on March 22, 2021 to the next meeting
of the Board to be held on April 26, 2021, pursuant to Section 6(b) of the Rules of Procedure of
the Board of Zoning Appeals, and for a continuance of the suspension of the enforcement of the
Notice of Non-Compliance by DOCS.
DOCS has agreed to continue to temporarily suspend the enforcement of the Notice of
Non-Compliance subject to the terms and conditions of the Commitments.
In consideration of the premises and the obligations set forth in the Commitments, the
parties hereto agree as follows:
1. Subject to the continued compliance by the Owner and the Operator of the
Commitments, DOCS will continue to temporarily suspend enforcement of the
Notice of Non-Compliance until the earlier of an approval or denial of a use
variance from the Carmel Unified Development Ordinance or April 30, 2021.
2. The Owner and the Operator hereby agree to and commit to the strict compliance
and performance of the Commitments until the earlier of an approval or denial of a
use variance from the Carmel Unified Development Ordinance or April 30, 2021
DocuSign Envelope ID: BC9EF3B6-096F-4AB4-B252-3008432FDEB4
2
Agreed to this 16th day of March, 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: BC9EF3B6-096F-4AB4-B252-3008432FDEB4
Member
kevin paulkevin paul
Member