# FLIGHTLEVEL

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# A V I A T I 

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Ph: 781-769-8680 Fax: 781-769-7180 www.flightlevelnorwood.com www.flightlevelaviation.com

VIA ELECTRONIC MAIL ONLY jfox@rrf

-law.com July 29, 2014 JoshuaM Fox, Esq. Rollins, Rollins & Fox 36 Glen Avenue Newton, MA 02459 Re: Norwood Memorial Airport Lease Lots F, G & H Your Client: Boston Executive Helicopter DearAttorney Fox, As you will recall, Irepresent the interests ofFlightLevel Aviation, and in particular in this case, FlightLevel Norwood, LLC ("FLN"), which is the controlling sublessee ofLot GattheNorwood Memorial Airport (the "Airport"). In my December4, 2013 letter, Iplaced you and your client on notice that BostonExecutive Helicopter("BEH") has no legal or exercisable right to use the westerly portion ofLot G in connection with its activities on Lot F. Kindly now be advised that by itselfor through third parties under its control (its "Representatives"), BEH has undertaken to remove and re-apply asphalt on a significantportion ofmy client's Lot G leasehold. In addition, my client now informs me that BEH has gone so far as to erect barriers onmy client's lots G and H, and when requested to remove the same by one ofmy client's employees, BEH's representative stated onlythat BEH: "wouldtake it under advisement." As BEH's actions followed my letter to you, and were performed without prior notice or explanation ofany kind, and more importantly without the consent ofeithermy client, orits landlord as is required under my client's master lease, and because the subject Lot G apron didn'trequire repair, it can onlybe inferred that BEH either damaged the Lot G apron in connection with its activities on Lot F and didn'twant my client to know, or otherwise believes that by re-paving a portion ofmy client's leasehold, it will somehow acquire rights to Lot G that it does not currently have. IfBEH damaged my client's apron during the construction ofits hangar facility, and undertook to repairthe same without thinking to discuss the incident with my client prior to the repair, then kindly provide me with a written explanation ofthe same, to include a description ofthe materials removed from Lot G, howthe site

FLIG HTLEVEL AV IATION 12 5 :\CCESS ROAD • "ORWOOD,
. £:\ 02062 78 1- 769

- 8680 FAX 78 1 -769

-7 1 80Joshua M Fox, Esq. July 29, 2014 Page 2.

was prepared for asphalt, the kind quantity and volume ofmaterials including asphalt applied, copies ofall pennits issued in connection with the work on Lot G, and the names and addresses ofall participating contractors. Please also include a clear and concise disclaimer ofinterest in the freshly paved portion ofLot G, so that my client can be assured that BEH harbors no intent to use its re-paving on Lot G to acquire rights ofuse in connection with its activities on Lot F. Failure to provide a prompt disclaimer ofinterest satisfactory to my client will be deemed an admission that BEH seeks to acquire by adverse possession or other means, the recently re-paved portion ofmy client's Lot G for use in connection with its operations on Lot F. My client hereby disavows any such claimed right or use, and should this be the case, it will aggressively seek to protect its interests. The placement barriers on Lot G by BEH or its Representatives, and for that matter the placement ofany other or further barrier or obstacle ofany kind upon Lot G by BEH or its Representatives orby any third party in connection with BEH's activities on Lot F, without, in each case, the prior written consent ofmy client, shall constitute a trespass on my client's leasehold, and subjectthe same to immediate removal and/or destruction by my client at BEH's sole cost and expense. As this is your first notice ofthis particular incident, BEH will have until 12:00 noon on July 30, 2014 to remove the current barriers. As mentioned in my letter ofDecember 3, 2013, ifyou oryour client would like to discuss an arrangement pursuant to which FLN may consider licensing BEH to utilize the westerly portion ofLot Gin connection with its activities on Lot F, kindly let me know, and Iwill be pleased to set up a meeting. However, in the absence ofsuch an agreement, my client reserves and restates its rightto preclude BEH, together with BEH's Representatives, guests and invitees, from entering upon or utilizing Lot G in any respect relating to its activities on Lot F without, in each instance, the prior written pennission ofFLN. As always, ifyou wish to discuss this, please do not hesitate to call. Sincerely,

Nick Burlingham General Counsel FlightLevel Aviation 860-235-5786
Enc: Photo Cc: Peter Eichleay W. Michael DeLaria

### Nick Burlingham From: 

### Sent: Peter Eichleay <peter@flightlevelaviation.com> Thursday,July 31, 2014 2:45 PM To: Russ Maguire Cc: Mark Raymond 

### Subject: RE: Norwood Memorial Airport- Your Client: Boston E xecutive Helicopter Yes, it is being considered. There was a clear line delineating the boundary where the grade of pavement changed but it was paved over with this most recent property rights encroachment/infringement/violation/whateveryou want to call it
. From: Russ Maguire [mailto:rmaquire@norwoodma.gov] 

### Sent: Thursday, July 31, 2014 2:13PM To: Peter Eichleay 

### Cc: Mark Raymond 

### Subject: Re: Norwood Memorial Airport - Your Client: Boston Executive Helicopter 

### Received. Thanks Peter. Itmay be helpful to have the lot line marked. Has this been considered? Russ From: 

### "Peter Eichleay" <peter@flightlevelaviation
.com> To: 

### OWDMEP@aol.com, rmaguire@norwoodma
.gov Cc: 

### "Nicholas W. Burlingham" <nburlingham@flightlevelaviation.com>, "Mike Delaria" <mdelaria@flightlevelaviation.com> Sent: 

### Thursday, July 31, 2014 12:49:16 PM Subject: 

### RE: Norwood Memorial Airport- Your Client: Boston Executive Helicopter Russ and Mike, Just wanted to let you know that it looks like BEH has removed the barriers from our leasehold. We will keep you advised as to the response we get concerning the other required points ofaction from our letter
. Thanks, Peter

-----·---------·------- -·---------- From: Peter Eichleay 

### Sent: Thursday, July 31, 2014 9:22 AM To: 'OWDMEP@aol.com' 

### Cc: Nicholas W. Burlingham; rmaquire@norwoodma.gov 

### ----- ---

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### Subject: FW: Norwood Memorial Airport - Your Client: Boston Executive Helicopter Mike, Hope all is well
.Wanted to bring you up to speed on this recent encroachment concerning our leased BMA Lot G
. Lot F Lessee, Boston Executive Helicopter, without so much as a request for permission orany communication whatsoever forthat matter apparently damaged and then repaired and repaved a large portion ofour lot 

### G
.They then put up barriers on our lot Gand lotH

## I fuel farm lot limiting our access to it, again without any correspondence. Inresponse, our lawyer drafted the attached letter demanding corrective action. The deadlines for removing the barriers as laid out in that letter have come and gone and there's been no action or response from BEH. As a result, we may have to involve law enforcement to curtail this aggressive and disturbing conduct and regain full access to our leased property
. Also leftyou avoicemail. Would appreciate a call when you can. Thanks, Peter From: Peter Eichleay 

### Sent: Tuesday, July 29, 2014 8:18PM To: rmaguire@norwoodma.gov 

### Cc: Nicholas W. Burlingham 

### Subject: FW: Norwood Memorial Airport - Your Client: Boston Executive Helicopter Dear Russ, Please find attached a letter drafted by Flightlevel's counsel and sent to BEH's counsel concerning the recent tampering and infringement of Flightlevel's leased lots Gand H. Please distribute to the airport commission. Thanks, Peter From: Nicholas W. Burlingham 

### Sent: Tuesday, July 29, 2014 7:08 PM To: jfox@rrf-law.com Cc: Peter Eichleay; Mike Delaria 

### Subject: Norwood Memorial Airport - Your Client: Boston Executive Helicopter Dear Attorney Fox, Please see attached notice letter concerning Lots F, G and H at the Norwood Memorial Airport. As always, ifyou wish to discuss this for any reason, please don't hesitate to call. Nick Burlingham General Counsel Flightlevel Aviation 860-235-5786



### Russ Maguire, Manager Norwood Memorial Airport

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