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 h tleve I a v i a !ion . com 

I am in receipt of your letter of November 19, 2013, which was forwarded to me for handling by Michael 

Delaria. I represent the interests of the 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 intimately familiar with the January 30, 1996 Agreement between Swift Aviation, Inc., and. EAC 

Realty Trust II; the January 8, 2008 Acknowledgement of Agreement executed for the 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, together with 

numerous other documents relating to the creation, use and occupancy of Lots F and 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 of aircraft, both is and was correCt. Moreover, the rights 

provided to Swift Aviation, Inc., under the 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 of access over and across Lot G ceased as well. Consequently, 

Flight Level 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 G without the written consent of Swift" which 

consent was obtained. There is no corresponding language which outlines the survivability of Swift's 

rights to any successor. 

If you or your 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 F operations; 

However, in the absence of such 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 G for purposes relating to its/their 

use of Lot F without prior writte~ permission, which at this point, and until an agreement is reached, will 

need to be on a case~by-case basis. 

Kindly direct all future communication regarding this matter to my attention. 

Sincer~ 

~ G.eneral Counsel 

Flightlevel Aviation 

nburlirigham@flightlevelaviation.com 

860-235-5786 

Cc: Russ Maguire