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**·· ····**  OFFI CE ADDRESS 125 Access Road Norwood, MA 02062 

### BY FED EX February 12, 2013 

## NorwoodMemorialAirport Russ Maguire, A.A .E . ,ACE, Airport Manager



### Federal Aviation Administration New England Region, Airports Division Attn : Barry Hammer, P.E. , Compliance Officer 12 New England Executive Park Burlington, MA 01803-5299 

### RE: Boston Executive Helicopters' (BEH) Sub-Lease Term 

### Dear Barry: MAILING ADD RESS 125 Access Road Norwood, MA 020 62



### On behalfofTom Wynne and Mark Ryan, ofthe Norwood Airport Commission (NAC), I'd like to offer a 

### special thanks to you, Mary Walsh, and Bryon Raykoff for spen9ing time with us on January 30, to help resolve the 

### BEH interest in a

**long·t~rm** 

### lease . While on a secondary level, we appreciate FAA's i nput on possible AlP financing--balanced against AlP funding constraihts··tied to our interest in an SRE 

### building "fit out." We also now have a better understanding ofFAA's position as it pertains to the development of hangars on our west apron, where, in 2006, AlP monies were used to construct an aircraft parking apron . So thank you for the time and effort on these issues . Specific to 

### BEH: After we left the meeting, and were in fact in the parking lot outside FAA 's office, I 

### spoke with you briefly about your November 28, 2012 e-mail, which noted an excerpt

**fro~ he**  

### FAA Compliance Manual, that states : "Most tenant ground leases of 30 to 35 years are sufficient to retire a 

### tenant's initial financing and prove 

# a reasonable

**r~tum** 

### for the tenant's de. velopment of major facilities ." I 

### asked if this reference provided the NAC with some grounds to then approve 

### BEH' s interest in a sublease term which, with a 15·year lease option, would effectively give 

### BEH

### a 31-year lease term . I believe your response was that if such 

### a

**le~e** 

### term could be supported with precedence, a 30-35 year lease term would not be considered excessive. F

ollowing our discussion, 

### Boston Metropolitan Airport, Inc. (BMA) 1 

### provided me with information on the compll.ny's existing sub-leases. (Tab A) . 

### As you'll note, on five separate lease lots, the sub-lessees 1 As explained at our 1/30/13 meeting, BMAv Inc. has the long-term (1967-2047) leasehold on the Norwood Airport . It Is on this leasehold that Boston Executive Helicopters now seeks.the assignment of an exls.tlng sub . -lease with option. 

### Phone:(781) 255-56 16 I F ax :(781) 255-5617 I 

### rma guire@norwoodrna .g

ovinclude: Boch Aviation, Flight Level (fuel farm), Flight Level (Lot Z), Flight Level (Hangar Nominee Building), Flight Level (Lot 5); as well as prospective tenant, Boston Executive Helicopters. For each tenant, Tab A also shows the lease term (including start dates, options and end dates), plus current rent and fuel flowage, ifapplicable. On each ofthe existing lease lots, where either a hangar or a fuel farm had been constructed, the sub·lease term (with optionls) ranges from 40·60 years. BEH's sub-lease term with one available option (2013-2044), ifapproved, would actually be the shortest term on the BMA leasehold . Also, we received the copy of an existing lease at Westfield Barnes Airport (Tab B) where the lessee, Airflyte, Inc., had secured a 35-year term from the airport authority . My understanding is that, with the ability to finance its hangar(s) and fuel farm investments, Airjlyte today provides a level of service comparable to that which BEH has expressed an interest in providing here at Norwood . The NAC feels that this example, too, while executed at another airport, shows precedence for a longer lease term. In closing, Barry, the NAC is committed to its Part 16 corrective action plan; though, in light of 

### BEH 's interest, the NAC is also encouraged that the guidance set forth in FAA's Compliance Manual, supplemented by FAA counsel, might consider BEH's 31-year sub-lease interest to be fair and acceptable, and not excessive . With this new information, we ask for FAA's continued guidance and support . Please advise at your earliest convenience. Thank you. Sincerely, Russ Maguire, Manager Norwood Memorial Airport CC. NorwoodAirport Commission
Tab A : TabB : BMA sub-leases Airflyte lease