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Home My WebLink AboutOrdinance Z-673-22DocuSign Envelope ID: DE5C583D-415D-4A00-BC51-93EAB8A5B810 7March 7th 1 DocuSign Envelope ID: DE5C583D-415D-4A00-BC51-93EAB8A5B810 A10:45 Not Present March 11:45 March 8th A 8th Opposed DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 2022020235 MISC $25.00 04/21/2022 02:07:03PM 4 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 111111111111111111111111111111111111111111111111111111111111111111 IN AMM Cross Reference to Deed: 2019-59216 COVENANT ATTENDANT TO RE -ZONE APPLICATION Tomahawk Holding, LLC, Owner of the Real Estate located at 220 2nd Street SW in Frank Hawkins Addition Lot # 1, ("Property") the legal description of which is attached hereto as Exhibit A, Covenants with The City of Carmel that if the Property is re- zoned fromR-2 to B-2 the Owner Covenants to Restrict Permitted Uses to the following: 1. Cultural/Entertainment Permitted Use • Art and music center • Art gallery • Restaurant, without drive-thru food sales 2. Education Permitted Use • None 3. Industrial Permitted Use • Artisan, Industrial 4. Institutional Permitted Use • None 5. Office Permitted Use • Clinic or medical health center • General office • Professional office • Research laboratory/facility 6. Recreation Permitted Use 1 DocuSign Envelope ID: 5A7A7392-AB3D4E8C-86DC-9C40697902C4 7 8. a • Park, public Retail and Service Permitted Use • Dry cleaning (without on -site plant) • Financial institution • General Service (express mail collection, online purchase drop) • Wholesale Sales Temporary Permitted Use • Food stand • Sales, seasonal, outdoor • Special event, outdoor Accessory Permitted Use • Automated teller machine(ATM) 10. No Special Uses or Special Exceptions shall be permitted TOMAHAWK HOLDING, I.I.C. D/B/A THE GOAT OocuSlgned by: By: LWiVl FAUN, Kevin Paul, managing member STATE OF } SS: COUNTY OF Before me, the undersigned TARY PUBLIC, in and for said County and State, personally appeared ��/14' the Managing Member of Tomahawk Holding, LLC dba The GOAT, who acknowledged executing the foregoing Covenant Attendant to Re -zone Application for and on behalf of said Tomahawk Holding, LLC dba The GOAT. A � Witness my hand and Notarial Seal this'day of _(/T'/ , 20 My Commission No./Expiration: fV e62--7q&Q� �Q? /S—�va-�1 Notary Pub 41 My County esidence: /6 Pr' HOLLY J. HARMEYER ;moo PPv n�e` Notary Public, State of Indiana 2 =2;SEAL: = Hamilton County r • r Commission Number NP0737982 /4 pjp,NP;S my Commission Expires December 15, 2029 DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 After recording return to: City of Carmel One Civic Square Carmel, IN 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Jon Oberlander, Esq. Instrument prepared by: Jon Oberlander, Esq., Interim Corporation Counsel, City of Carmel, I Civic Square, Carmel, IN 46032. 3 DocuSign Envelope ID: 5A7A7392-AB3D-0E8C-86DC-9C40697902C4 EXHIBIT A The East Half of the following described real estate: Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, beginning 560.44 feet South and 468 feet East of the Northwest corner of said East Half; thence South 132 feet; West 132 feet; North 132 feet; and East 132 feet to the place of beginning, being Lots 1 and 2in Frank M. Hawkins Addition to the City of Carmel. ALSO a vacated alley 25 feet East of and adjacent to said property as set out in Vacation of Public Way recorded April 22,1994 as Instrument Number 9419040, EXCEPT that portion of the land conveyed to City of Carmel, Indiana in Warranty Deed recorded January 18, 2018 as Document No. 2018002345. DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 2022020236 MISC $25.00 04/21/2022 02:07:03PM 5 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1111111 1 11111 1 111111111111111111 HIM 111111111111111 111111111111111111 AMM Cross Reference to Deed: 2019-59216 RE -ZONE APPLICATION COMMITMENTS Tomahawk Holding, LLC, Owner of the Real Estate located at 220 2nd Street SW in Frank Hawkins Addition Lot #1 ("Property") the legal description of which is attached hereto as Exhibit A and doing business as The GOAT, in consideration of the approval of its Re -Zone Application for the Property from R-2 to B-2 commits as follows: 1. The Owner agrees to expand and reconfigure the building from which the GOAT was operating its tavern business at the Property in the manner substantially set forth in the plans and drawings submitted to the Carmel Common Council ("Council") by architect Dan Moriarity (the "Expansion"). Prior to commencing the structural modifications to the existing facilities and site, the Owner shall submit a Development Plan and Architectural Design, Lighting, Landscaping, and Signage ("ADLS") application to the Department of Community Services (the "DOGS") for Carmel Plan Commission review and approval, and shall further obtain all necessary permits (i.e., building permit, stormwater permit), as well as any required variances from the Carmel Board of Zoning Appeals. The Owner shall further comply with any applicable provisions of the Carmel Unified Development Ordinance, as amended, which is incorporated herein by this reference. The Owner commits to not resume any business operations whatsoever at the Property until the Expansion has been fully constructed and a Certificate of Occupancy is issued by DOCS. 2. The Owner agrees to end outside and pergola patio food and bar services at 7:00 p.m. daily and close exterior doors and windows, including all garage doors and windows between the DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 interior seating area and the pergola patio area, so that only interior service will occur after that time, and to remove outside patrons from the outdoor and pergola patio seating area by 7:45 p.m. The Director of the Carmel Department of Community Services (the "Director") and the Owner agree to periodically review outside and pergola patio food and bar services to determine whether the outside service area needs to be enclosed with permanent glass windows. If it is determined by the Director in writing, in his sole discretion, that the outside or pergola patio service area has become a nuisance based on substantiated complaints or is otherwise in violation of these commitments, Owner agrees to immediately discontinue the use of the outdoor and pergola patio service area until such time as it is fully enclosed with permanent glass windows. The Owner may file with the Council a written request for review and reconsideration of the Director's written decision within 10 days of said decision setting forth in detail the facts supporting the Owner's request for reconsideration. The request shall, if reasonably possible, be heard by the Council within 30 days from the date of filing. The Owner agrees to comply with the Director's decision during such period of reconsideration. 3. The Owner agrees to establish and maintain a "neighbor hot-line" phone line for neighbors' concerns. Owner will provide a weekly report to DOCS and the Council that includes the number of calls made to the hotline, along with a summary of each call, during the first 3 months of the Property's operation. 4. The Owner agrees to refrain from "grab and go" service and require patrons to consume purchased alcohol on the Property. 5. The Owner commits to end alcohol service at 11:30 p.m. Sunday through Thursday and 12:30 a.m. on Friday, Saturday and holidays and close the physical facility 30 minutes thereafter. The Owner agrees to end alcohol service and close the business earlier if a 2 DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 majority of other restaurants with alcohol service located within a 2-block radius of the Property adopt earlier closing hours than those provided in this paragraph. 6. The Owner commits to use no outdoor speakers. 7. These Commitments shall be in effect until they are modified or terminated. These Commitments shall only be modified or terminated by the procedure prescribed in Indiana Code § 36-7-4-1015(b)(5) or as prescribed herein. 8. These Commitments are binding upon the Owner and the Owner's successors, assigns and grantees with respect to the portion of the Property owned by such successor, assign and grantee and during such successor's, assign's and grantee's ownership, unless modified or terminated by the City Council pursuant to the requirements herein; however, these Commitments shall terminate as to any part or parts of the Property for which the zoning district or classification is later changed. 9. The Director shall record these Commitments and any modifications thereof with the Recorder Office of Hamilton County, Indiana and shall provide a copy of the recorded Commitments to the Owner. Owner agrees to reimburse DOCS for the fees charged by the Office of the Hamilton County Recorder to record these Commitments and any subsequent modifications. The foregoing commitments are made this 9th day of March 11111111 2022. TOMAHAWK HOLDING, LLC D/B/A THE GOAT n«usqned W. By: t 1E8 9A4E0..� " �� Kevin1GT, ma.naging member 3 DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 STATE OF SS: COUNTY OF 14niyk') Before me, the un rsigned NOTARY PUBLIC, in and for said County and State, personally appeared 101 _, the Managing Member of Tomahawk Holding, LLC dba he GOAT, who acknowledged executing the foregoing Re -Zone Application Commitments for and on behalf of said Tomahawk Holding, LLC dba The GOAT. Witness my hand and Notarial Seal this Aday of „ , 20 as My CoP zission No./Ex 7ir ion: /V 0 7 3 a %S �p2��j Notary Public My 1ppunty of After recording return to: City of Carmel One Civic Square Carmel, IN 46032 Printed `��PPY PCB "' HOLLY J. HARMEYER o .• .• ; ; Notary Public, State of Indiana ==:SEAL"= Hamilton County * * ; Commission Number NP0737982 I P, PA My Commission Expires December 15, 2029 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Jon Oberlander, Esq. Instrument prepared by: Jon Oberlander, Esq., Interim Corporation Counsel, City of Carmel, 1 Civic Square, Carmel, IN 46032. 4 DocuSign Envelope ID: 5A7A7392-AB3D-4E8C-86DC-9C40697902C4 EXHIBIT A The East Half of the following described real estate: Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, beginning 560.44 feet South and 468 feet East of the Northwest corner of said East Half; thence South 132 feet; West 132 feet; North 132 feet; and East 132 feet to the place of beginning, being Lots 1 and 2in Frank M. Hawkins Addition to the City of Carmel. ALSO a vacated alley 25 feet East of and adjacent to said property as set out in Vacation of Public Way recorded April 22,1994 as Instrument Number 9419040, EXCEPT that portion of the land conveyed to City of Carmel, Indiana in Warranty Deed recorded January 18, 2018 as Document No. 2018002345.