1Le IN THE CHANCERY COURT JRREST COUNTY, MIs PI JUL 06 2023 CITY OF HATTIESBURG, MISSISSIPPI, — LANCE C.-RE|D PLAINTIFF A MUNICIPAL CORPORATION Chancery Clerk VERSUS CIVIL ACTION NO. 23-CV-312-SM TOP SIVE BAR AND GRILL LLC DEFENDANT AGREED ORDER ‘THIS CAUSE came on to be heard before the Court on the Petition for Ex Parte: ‘Restraining Order, Preliminary and Permanent Injunetive Relief, and to Abate a Public Nuisance, filed by the City of Hattiesburg, Mississippi (“the City”), and the Court, being advised that the parties have reached an agreement concerning the issues raised inthe Petition, having considered the agreement of the parties, and being fully advised in the premises FINDS that the agreement should be approved and made the Order of the Court. IT IS, THEREFORE, ORDERED AND ADJUDGED as follows: 1 ‘The Court has jurisdiction over the parties and subject matter alleged herein. 2 Top Sive Bar & Grill LLC (“Top Sive”), located at 6104 Highway 49, Hattiesburg, Forrest County, Mississippi, is a bar and restaurant as defined in the City’s Land Development Code (“the LDC"), and parking for Top Sive shall be limited as to location and number of parking spaces for a bar and restaurant as set forth in the LDC. Top Sive shall cause the parking lot to be appropriately striped as required in the LDC. 1 -00812-SM Document #:9 Filed: 07/06/2023 Page 1 of 4Top Sive shall contract with a certified professional security company and/or off-duty law enforcement officers to perform all security services upon the property both inside and outside the Top Sive Property. ‘The security shall he assigned to monitor the outside parking during at all times of operation after Top Sive opens in the evenings or at 8:00 p.m., whichever is earlier, and immediately following closing to insure that there is no loitering in the outside parking area at any time by any person. ‘Top Sive shall require its patrons to remain inside Top Sive or to immediately vacate the premises during all hours of operation and upon closing, 4 Top Sive shall install and maintain sufficient cameras inside and out the Top sive building so activity in the parking lot and around the building can be observed and video-recorded: in addition, Top Sive shall place signs on the Top Sive building in large letters indicating that no loitering is permitted in the parking lot or outside the building and that the parking lot and outside of the building is under video surveillance. In addition, Top Sive shall post signs at the entrance of its building notifying patrons that no weapons are allowed on the premis sand that persons are subject to being searched at any time while on the premises. 5. Recognizing that the Top Sive property abuts residences, Top Sive agrees that no loud ‘music of any type shall be played inside the building or allowed in the parking lot; in addition, Top Sive agrees not to sublease the building to any other person or entity for any special events. @ Jemupi> 6 agrees to place a permanent burcade across the South 25" Avenue entrance to Top the Top Sive parking lot so that access to the parking Jot shall only be fr 1 the frontage road, 2 Case: 18CH1:23-cv-00312-SM Document #:9 Filed: 07/06/2023 Page 2 of 47, ‘Top Sive shall cause to be constructed, al its expense, by a licensed and bonded company. privacy fences separating its property from property owners located to the north and south of the South 25" Avenue entrance to the Top Sive parking lot. TopSivedtsetf shattnothave- contact with Main ssid pieperty but contact shall be made only by the fence company, which shall work-with. aye the Jandowners-on the-enset Hocation-and-length-afthe fences. Top Sive understands and agrees that such fences must be approved by the Historic Planner and be in conformity with the LDC. 8. Top Sive shall be permitted to reopen only after the security cameras on the outside and inside are in place and are certified to be in working order by the Hattiesburg Police Department (HPD), and the parking lot is sttiped. the signs mentioned above placed permanently on the Top Sive building, the fences are constructed, and the barrier across the entrance to the parking lot from South 25" Avenue are all completed and certified to be in compliance with the City’s LDC by the City’s Director of Urban Development or his designee. 9 Top Sive shall comply with all ordin: 's and regulations of the City of Hattiesburg and the State of Mississippi, including, but not limited to, any non-smoking ordinances and LDC requicements, Top Sive shall use any and all other reasonable precautions to provide for the safety of all persons who are patrons and the public. ul This Agreed Order shall be binding upon all owners, employee: and assigns of Tap Sive 3 Case: 18CH1:23-cv-00312-SM Document #:9 Filed: 07/06/2023 Page 3 of 412, The Court shall maintain jurisdiction of this matter and shall conduct a review of compliance with this Order ninety (90) days from the date hereof. mm SO ORDERED AND ADIUDGED on this the "day of _ Yale . 2023, AGREED TO AND APPROVED: CHAREES E. LAWRENCE, IIL Covfhsel for Top Sive LLC 4 Case: 18CH1:23-cv-00312-SM Document#:9 Filed: 07/06/2023 Page 4 of 4