## FLIGHTLEVEL

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# AV I AT I 0 N

VIA UPS RED, Priority Overnight Delivery 617-969
-7555 December

### 5, 2013 Joshua 

### M Fox, Esq. Rollins, Rollins 

### & Fox 

### 36 Glen Avenue Newton, MA

### 02459 Re: Norwood Memorial Airport Lease Lots F

### & G Dear Attorney Fox, PHONE : 781.769
. 8680 FAX : 781
. 769.7180 www. fl ig htleve Iavia!ion
.com

I am in receipt ofyour letter of November 

### 19, 2013, which was forwarded to me for handling by Michael Delaria. I represent the interests ofthe FlightLevel Aviation companies, and in this particular instance, FlightLevel Norwood, LLC ("FLN"), which is the controlling sublessee of Lot Gat the Norwood Memorial Airport (the{(Airport")
. I am intimatelyfamiliar with the January 

### 30, 1996 Agreement between Swift Aviation, Inc., and
.EAC Realty Trust 

### II; the January 

### 8, 2008 Acknowledgement ofAgreement executed forthe benefit of my client by Swift Aviation, Inc.; and the Hangar Storage Space Agreements dated Aprill, 

### 1996. However, in connection with your client's assertion, and also the responsible counseling of my client, I have independently investigated the facts, and carefully

**re exarriined**  these documents, togetherwith numerous other documents relating to the creation, use and occupancy of Lots Fand G at the Airport. In doing so, I have concluded first, that my Client's representation to the Norwood Airport Commission, which, incidentally, was that Boston Executive Helicopter ("BEH") has no legal right to use the westerly portion of Lot 

### Gin connection with the (uelina ofaircraft, both is and was correCt. Moreover, the rights provided to Swift Aviation, Inc
., underthe January 

### 30, 1996 Agreement, do not inure to the benefit of BEH, and 

## as such, BEH has no legal right to use the westerly portion of Lot G in connection with its operations on Lot 

## F. There are multiple supporting layers to this, but in the interest of brevity, suffice it

## to say that the rights grantec:f to Swift Aviation, Inc
. by EAC Realty Trust 

### II under the January 

### 30, 1996 Agreement, were expres$1y limited: to Swift Aviation, Inc., "own business." When Swift
.Aviation, Inc
. ceased conducting its "own business" on Lot F, its right ofaccess over and across Lot G ceased as well. Consequently, FlightLevel Norwood, LLC, as successor to EAC Realty Trust 

### II, has no obligation to BEH, and BEH has no

125 Access Road Norwood. MA 02062 www.fliahtlevelaviation.com

### Joshua M Fox, Esq. December 5, 2013 Page 2.

exercisable right to utilize Lot G in connection with its use and occupancy of Lot F. The only language pertaining to assignability or survivability states that "EAC may not assign its rights hereunder in connection with the assignment of its interest in Lot Gwithout the written consent ofSwift" which consent was obtained. There is no corresponding language which outlines the survivability ofSwift's rights to any successor. Ifyou oryour client woulc:llike to discuss an arrangement pursuant to which FLN may consider licensing BEH to utilize the westerly portion of Lot Gin connection with its use of Lot F, kindly let me know, and I will be pleased to set up a**m~eting.** 

### I can assure you that my client is very reasonable and I suspect it would have no problem entering into an agreement allowing BEH direct ingress and egress over Lot G for BEH's Lot Foperations; However, in the absence ofsuch an agreement, my client expressly disavows BEH's claimed right under the Swift Agreement, and reserves its right to preclude any and all occupants of Lot F, including BEH and its employees, guests and invitees, from entering upon or utilizing Lot Gfor purposes relating to its/their use of Lot Fwithout prior

### writte~ permission, which atthis point, and until an agreement is reached, will need to be on a**case~by-case** 

### basis. Kindly direct all future communication regarding this matterto my attention
.**Sincer~**

# ~ G
.

eneral Counsel Flightlevel Aviation nburlirigham@flightlevelaviation.com 

### 860-235-5786
Cc: Russ Maguire