City of Dallas. June 1,2012

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1 City of Dallas Sent viafax to andfirsrclass U.S. Mail Mr. Dale Moser President and CEO Coach USA Administration Inc. and Megabus USA LLC dlblamegabus.com 160 S. Route 17 North Paramus, NJ Sent viafax to andfirst-class U.S. Mail Mr. Matt Adey Vice President, Robbins Parking Texas LP d/b/a Platinum Parking LLC 719 Olive Street Dallas, TX Sent via first class U.S. Mail Dexter L. Rollins & Alice Rollins Olson Owners of 210 Olive Street, 210I,2107,2111 Elm Street, and2104 and 2108 Pacific Avenue 4314 Pine Park Drive Baton Rouge, LA Sent viafax to andfirst class U.S. Mail Bank of America in its capacity as trustee or successor-in-interest to William Reed, II Trust et al. and/or Hart Furniture Co. Owners of 2120 Pacific Avenue and2l15 Elm Street P.O. Box Dallas. TX Re: Proposed commercial bus station and terminal at2l0 Olive Street, 2l0lr2l07r2lll, and 2115 Elm Street, and 2104,2108, and2120 Pacific Avenue, Dallas, Texas (collectively"the Property") Dear Messrs. Moser, Adey, and Rollins, Ms. Olson, and Bank of America (collectively "the Parties"): The City of Dallas is pleased to learn that Megabus.com ("Megabus") plans to provide daily nonstop passenger bus service between Dallas and several other cities starting on June 19, According to an article in yesterday's edition of the Dallas Morning News, Megabus plans to use a parking lot on the Property as the location where it will load and unload passengers and their luggage. According to the article, Platinum Parking operates a commercial parking lot on the Property. Megabus' proposed use of the Property constitutes a "commercial busstation and terminal" use under the Dallas Development Code. Section 5lA-4.211(2) (copy enclosed) of the Code contains the regulations applicable to commercial bus stations and terminals. In addition, OFFICEOFTHECITYATTORNEY CITYHALL OALLAS,TEXASTS2O1 PHONE FAx

2 Letter re proposed commercial bus station and terminal Page 2 Section of Chapter 52 of the Dallas City Code requires that a certificate of occupancy for a use be obtained before any use may be operated on a property. At this time, the Property does not 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, the Parties must comply with the following requirements: 1. Provide a lobby or waiting room, which must have a floor area of not less than 200 square feet with at least one seat for every 25 square feet of floor area, on the Property. 2. Comply with all applicable provisions in the Dallas Building Code when providing the lobby or waiting room. 3. Obtain a Development Impact Review (DIR) in accordance with Division 51A of the Code. 4. Widen (if necessary) the driveways on the Property to accommodate bus traffic in accordance with Articles III and IX of Chapter 43 of the City Code. Furthermore, when the commercial bus station and terminal begins operation, the Parties must comply 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 of buses and other vehicles contained in Article XI of Chapter 28 of the Dallas City Code. These lists are meant to be helpful and are not exhaustive lists of the applicable laws. You may examine the regulations referenced herein by going to this link: 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 Their offices are open between 8:00 a.m. and 4:30 p.m. Monday through Friday. You can call Mr. Denman at The building official's website is at 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 in that code. Please confirm that a commercial bus station and terminal will not be operated on the Property until a certificate of occupancy for that use has been obtained and the Property is in full compliance with applicable regulations. I look forward to receiving your prompt response.

3 Letter re proposed commercial bus station and terminal Page 3 Sincerely, ej&r.d+ Christopher D. Bowers First Assistant City Attorney Enclosures c w/o encl: Thomas P. Perkins, Jr., City Attomey Jimmy Martin, Director, Code Compliance Theresa O'Donnell, Director, Sustainable Development and Construction Lloyd Denman, Building Official

4 s sla Dallas Development Code: Ordinance No , as amended s s1a (iv) If an inoperable or wrecked motor vehicle remains outside on the premises for more than 24 hours, the premises is an outside salvage or reclamation use. However, a premise is not an outside salvage or reclamation use if the premise stores not more than four inoperable or wrecked motor vehicles each of which having 'a valid state registration/ current safety inspection certificate, and documentary record of pending repairs or other disposition, and if the premise has a current certificate of occupancy for a motor vehicle related use. (Ord. Nos ; 19786; 1981,0; 19928;20242; 20237; ; 20272; 20273; 20425; 20493; 20494; 20895; 2L001, ; ; ; ; ; ; 2L400 ; 2'1,659 ; 21"663 ; ; ; ; 2L960 ; ; 22204; ; ; ; ; ; 2471,8 ; ; ; ; 25785;26269; 26573; 26746; 27563; 28073; 28079) sec. s1a-4.21l. TRANSPORTATION USES. (1) Airport or landing field. (A) Definition: A facility for the landing of fixed or rotary wing aircraft. (B) Districts permitted: By SUP only in IR and IM districts space per 200 square feet of terminal building floor area. If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section SQUARE FEET OF FLOOR AREA IN STRUCTURE 0 to 10,000 10,000 to 50, to Each additional 100,000 or fraction thereof TOTALREQUIRED SPACES OR BERT}IS NONE I ) 1 additional (i) A minimum of 60 acres is required for this use. (ii) This use must be approved by Federal Aviation Administration's rules and regulations. (2) Commercial bus station and terminal. (A) Definition: A facility operated as a bus or shuttle passenger station or transfer center serving a privately owned transit operation. For purposes of this paragraph: (i) Bus means a motor vehicle that has a manufacturer's rated seating capacity of more than L5 passengers, and is used for the transportation of persons from a location in the city to another location either inside or outside the city. (ii) Shuttle means a van-type motor vehicle that has a manufacturer's rated seating capacity of not less than seven passengers and not more than 15 passengers, and is used for the hansportation of persons from a location in the city to another location either inside or outside the city. (B) Districts permitted: (i) Except as otherwise provided in Subparagraph (BXii), by right in RR, CS, LI, IR, IM, and central area districts. district when: with a bus; or (ii) By SUP only in the CS (aa) the facility operates (bb) the facility operates with a shuttle within 500 feet of a residential district. (iii)dir required in RR and central area districts, and the CS district when an SUP is not required. RAR required in industrial districts. space per 200 square feet of building floor area plus one space per five seats of manufacturer's rated seating capacity for the maximum number of vehicles on site during any one hour time period. If more than ten off-street parking spaces are required for this use, 2368 Dallas City Code 4/11

5 s s1.a Dallas Development Code: Ordinance No. L9455, as amended s s1a ( handicapped parking must be provided pursuant to Section (i) A lobby orwaiting roomwith a floor area of not less than 200 square feet must be provided. (ii) Seating in the lobby or waiting room must be provided at a ratio of one seat for every 25 square feet of floor area in the lobby or waiting room. (iii)the outdoor sale of general merchandise or food is prohibited. (iv) No loading or unloading of passengers is permitted on public right-of-way. (3) Heliport. (A) Definitions: A facility for the landing and taking off of rotary wing aircraft. (B) Districts permitted: By right in IR and IM districts. By SUP only in RR, CS, LI, central area, MU-3, MU-3(SAH), MC-3, and MC-4 districts. RAR required in IR and IM districts. space per 600 square feet of site area; a minimum of four spaces is required. If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A (i) This use may include fueling or servicing facilities, if approved by the city aviation department. (ii) This use must be approved by Federal Aviation Administration's rules, regulations, and approval. (4) Helistop. (A) Definition: A landing pad for occasional use by rotary wing aircraft. (B) Districts permitted: By right in IR 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: Two spaces. No handicapped parking is required. (i) Regularly scheduled stops are not permitted under this use. (ii) This use mustbe approved by Federal Aviation Administration's rules, regulations, and approval. (iv) Fueling or servicing facilities are not permitted under this use. (5) Private street or allelr. (A) Definition: A street or an alley whose ownership has been retained privatelv. (B) District restrictions: (i) This accessory use is not permitted in agricultural, multifamily, MH(A), office, retail, commercial service and industrial, mixed use, and multiple commercial districts. (ii) An SUP is required for this accessory use in single family, duplex, townhouse, CH, and central area districts. 4/77 Dallas City Code 236C