City of Dallas

June 1,2012

Sent viafax to 201-225-7590 andfirsrclass U.S. MailMr. Dale MoserPresident and CEOCoach USA Administration Inc. and Megabus USA LLCdlblaMegabus.com160 S. Route 17 NorthParamus, NJ 07652

Sent viafax to 214-871-6069 andfirst-class U.S. MailMr. Matt AdeyVice President, Robbins Parking Texas LPd/b/a Platinum Parking LLC719 Olive StreetDallas, TX 75201-2807

Sent via first class U.S. MailDexter L. Rollins & Alice Rollins OlsonOwners of 210 Olive Street, 210I,2107,2111 Elm Street, and2104 and 2108 Pacific Avenue4314 Pine Park DriveBaton Rouge, LA 7 0809-2397

Sent viafax to 972-307-7640 andfirst class U.S. MailBank of America in its capacity as trustee or successor-in-interest toWilliam Reed, II Trust et al. and/or Hart Furniture Co.Owners of 2120 Pacific Avenue and2l15 Elm StreetP.O. Box 831500Dallas. TX 75283-1500

Proposed commercial bus station and terminal at2l0 Olive Street, 2l0lr2l07r2lll,and 2115 Elm Street, and 2104,2108, and2120 Pacific Avenue, Dallas, Texas 75201(collectively "the Property")

Dear Messrs. Moser, Adey, and Rollins, Ms. Olson, and Bank of America (collectively "theParties"):

The City of Dallas is pleased to learn that Megabus.com ("Megabus") plans to provide daily non-stop passenger bus service between Dallas and several other cities starting on June 19, 2012.According to an article in yesterday's edition of the Dallas Morning News, Megabus plans to usea parking lot on the Property as the location where it will load and unload passengers and theirluggage. According to the article, Platinum Parking operates a commercial parking lot on theProperty.

Re:

Megabus' proposed use of the Property constitutes a "commercial busunder the Dallas Development Code. Section 5lA-4.211(2) (copycontains the regulations applicable to commercial bus stations and

OFFICEOFTHECITYATTORNEY CITYHALL OALLAS,TEXASTS2O1 PHONE214-670-3519

station andenclosed)

terminals.FAx214-6704622

terminal" useof the CodeIn addition,

Letter re proposed commercial bus station and terminalJune 1,2012Page 2

Section 306.1 of Chapter 52 of the Dallas City Code requires that a certificate of occupancy for ause be obtained before any use may be operated on a property. At this time, the Property doesnot have a certificate of occupancy for a commercial bus station and terminal.

Before a certificate of occupancy may be obtained for a commercial bus station and terminal, theParties must comply with the following requirements:

1. Provide a lobby or waiting room, which must have a floor area of not less than200 square feet with at least one seat for every 25 square feet of floor area, on theProperty.

2. Comply with all applicable provisions in the Dallas Building Code whenproviding the lobby or waiting room.

3. Obtain a Development Impact Review (DIR) in accordance with Division 51A-4.800 of the Code.

4. Widen (if necessary) the driveways on the Property to accommodate bus traffic inaccordance with Articles III and IX of Chapter 43 of the City Code.

Furthermore, when the commercial bus station and terminal begins operation, the Parties mustcomply with the following requirements:

1. Do not load or unload passengers on public right-of-way.

2. Do not allow outdoor sales of general merchandise or food on the Property.

3. Comply with the regulations concerning the stopping, standing, and parking ofbuses and other vehicles contained in Article XI of Chapter 28 of the Dallas CityCode.

These lists are meant to be helpful and are not exhaustive lists of the applicable laws. You mayexamine the regulations referenced herein by going to this link: http:lldallascityattorney.com/and clicking on the button labeled "City Codes." The City's building official is Lloyd Denman,P.E., CFM. He and his staff have their offices at the Oak Cliff Municipal Center, 320 E.Jefferson Boulevard, Dallas, Texas 75203. Their offices are open between 8:00 a.m. and 4:30p.m. Monday through Friday. You can call Mr. Denman at 214-948-4354. The buildingofficial's website is at http://dallascit)'hall.com/building_inspection/index.html.

The Dallas Development Code imposes a duty on persons who conduct uses on properties,persons who are in control of properties, and property owners to comply with the regulations inthat code. Please confirm that a commercial bus station and terminal will not be operated on theProperty until a certificate of occupancy for that use has been obtained and the Property is in fullcompliance with applicable regulations.

I look forward to receiving your prompt response.

Letter re proposed commercial bus station and terminalJune 1,2012Page 3

Sincerely,

ej&R.d+Christopher D. BowersFirst Assistant City Attorney

Enclosures

c w/o encl: Thomas P. Perkins, Jr., City AttomeyJimmy Martin, Director, Code ComplianceTheresa O'Donnell, Director, Sustainable Development and ConstructionLloyd Denman, Building Official

s sLA-4.210

(iv) If an inoperable or wreckedmotor vehicle remains outside on the premises formore than 24 hours, the premises is an outsidesalvage or reclamation use. However, a premise is notan outside salvage or reclamation use if the premisestores not more than four inoperable or wrecked motorvehicles each of which having 'a valid stateregistration/ current safety inspection certificate, anddocumentary record of pending repairs or otherdisposition, and if the premise has a currentcertificate of occupancy for a motor vehicle relateduse. (Ord. Nos. 19455; 19786; 1981,0; 19928;20242;20237; 20257 ; 20272; 20273; 20425; 20493; 20494; 20895;2L001, ; 21200 ; 21209 ; 21259 ; 21289 ; 27297 ; 2L400 ; 2'1,659 ;21"663 ; 21.697 ; 217 35 ; 217 9 6; 2L9 60 ; 22020 ; 22204; 22531 ;2299 5 ; 237 39 ; 24439 ; 24659 ; 247 1,8 ; 247 59 ; 250 47 ; 2505 6 ;25785;26269; 26573; 26746; 27563; 28073; 28079)

sEc. s1A-4.21L. TRANSPORTATION USES.

(1) Airport or landing field.

(A) Definition: A facility for thelanding of fixed or rotary wing aircraft.

(B) Districts permitted: By SUP onlyin IR and IM districts

(C) Required off-street parking: Onespace per 200 square feet of terminal building floorarea. If more than ten off-street parking spaces arerequired for this use, handicapped parking must beprovided pursuant to Section 514-4.305.

(D) Required off-street loading:

SQUARE FEET OFFLOOR AREA IN STRUCTURE

0 to 10,00010,000 to 50,00050.000 to 100.000Each additional 100,000or fraction thereof

TOTALREQUIREDSPACES OR BERT}IS

NONEI)1 additional

(E) Additional provisions:

(i) A minimum of 60 acres isrequired for this use.

(ii) This use must be approved bythe city aviation department.

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Dallas Development Code: Ordinance No. 19455, as amended s s1A-4.211

(iii) This use is subject to theFederal Aviation Administration's rules andregulations.

(2) Commercial bus station and terminal.

(A) Definition: A facility operatedas a bus or shuttle passenger station or transfer centerserving a privately owned transit operation. Forpurposes of this paragraph:

(i) Bus means a motor vehiclethat has a manufacturer's rated seating capacity ofmore than L5 passengers, and is used for thetransportation of persons from a location in the city toanother location either inside or outside the city.

(ii) Shuttle means a van-typemotor vehicle that has a manufacturer's ratedseating capacity of not less than seven passengers andnot more than 15 passengers, and is used for thehansportation of persons from a location in the city toanother location either inside or outside the city.

(B) Districts permitted:

(i) Except as otherwise providedin Subparagraph (BXii), by right in RR, CS, LI, IR,IM, and central area districts.

district when:(ii) By SUP only in the CS

(aa) the faci l i ty operateswith a bus; or

(bb) the facility operateswith a shuttle within 500 feet of a residentialdistrict.

( i i i )DIR required in RR andcentral area districts, and the CS district when anSUP is not required. RAR required in industrialdistricts.

(C) Required off-street parking: Onespace per 200 square feet of building floor area plusone space per five seats of manufacturer's ratedseating capacity for the maximum number of vehicleson site during any one hour time period. If more thanten off-street parking spaces are required for this use,

(

s s1.A-4.21.1

handicapped parking must be provided pursuant toSection 514-4.305.

None.(D) Required off-street loading:

(E) Additional provisions:

(i) A lobby orwaiting roomwithof not less than 200 square feet must bea floor area

provided.

(ii) Seating in the lobby orwaiting room must be provided at a ratio of one seatfor every 25 square feet of floor area in the lobby orwaiting room.

(iii)The outdoor sale of generalmerchandise or food is prohibited.

(iv) No loading or unloading ofpassengers is permitted on public right-of-way.

(3) Hel iport .

(A) Definitions: A facility for thelanding and taking off of rotary wing aircraft.

(B) Districts permitted: By right inIR and IM districts. By SUP only in RR, CS, LI,central area, MU-3, MU-3(SAH), MC-3, and MC-4districts. RAR required in IR and IM districts.

(C) Required off-street parking: Onespace per 600 square feet of site area; a minimum offour spaces is required. If more than ten off-streetparking spaces are required for this use, handicappedparking must be provided pursuant to Section51A-4.305.

None.(D) Required off-street loading:

(E) Additional provisions:

(i) This use may include fuelingor servicing facilities, if approved by the cityaviation department.

(ii) This use must be approved bythe city aviation department.

4/77Dallas City Code

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Dallas Development Code: Ordinance No. L9455, as amended s s1A-4.211

(iii) This use is subject to theFederal Aviation Administration's rules, regulations,and approval.

(4) Helistop.

(A) Definition: A landing pad foroccasional use by rotary wing aircraft.

(B) Districts permitted: By right inIR and IM districts. By SUP only in A(A) MO(A),GO(A), RR, Ct LI, central area, MU-2, MU-2(SAH),MU-3, MU-3(SAH) MC-2, MC-3, and MC-4 districts.RAR required in IR and IM districts.

(C) Required off-street parking: Twospaces. No handicapped parking is required.

None.(D) Required off-street loading:

(E) Additional provisions:

(i) Regularly scheduled stopsare not permitted under this use.

(ii) This use mustbe approved bythe city aviation department.

(iii) This use is subject to theFederal Aviation Administration's rules, regulations,and approval.

(iv) Fueling or servicing facilitiesare not permitted under this use.

(5) Private street or allelr.

(A) Definition: A street or an alleywhose ownership has been retained privatelv.

(B) District restrictions:

(i) This accessory use is notpermitted in agricultural, multifamily, MH(A),office, retail, commercial service and industrial,mixed use, and multiple commercial districts.

(ii) An SUP is required for thisaccessory use in single family, duplex, townhouse,CH, and central area districts.