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Kollmorgen L-3 letter 2012-06-28RICHARD F. DACEY (1911-1996) RICHARD F. DACEY, III June 28, 2012 ihttty & latty. ,. Or. i\ttnmtllS Ht mHlU 7U7 ~Hin $;trttt JIIH1t1}alU, .H5SHt1}UStttS U2451-UliU9 JUL -22012 Louis Hasbrouck, Building Commissioner City of Northampton 212 Main Street Northampton, MA 01060 RE: 50 Prince Street, Northampton, MA Dear Mr. Hasbrouck: PHONE 781-894-2254 FAX 781-894-4574 EMAIL dacey.dacey@Verizon.net This office represents L-3 Communications Corporation, successor in title to Kollmorgen Corporation for the property known as Lot 2/ Village Hill/ South Campus, 50 Prince Street, Northampton/ MA. L-3,Com,n:lunicatiQns.,CorPoration purchased Lot 2 with the buildings thereon as part of an 9cqlJlsition:of, ql! ~theas~ets:qrKol,lriioigen, Corporation .. Atthe tirn~qfacquisition, the. building was essentially compfeteas eVidenced by a permanent certificate of occupancy. There were," however, special permit requirements and Orders of Condition affecting the property itself which were unresolved at the time of acquisition. I have been tasked with resolving the outstanding issues that will permit all of the special permits and Orders of Condition to be signed off by documents in recordable form. The goal is to acquire the signature of the Massachusetts Development Finance Agency on a document entitled "Partial Notice. of Completion". A blank version of the document is attached for your information. Essentially, the document requires a certificate from the project architect or engineer certifying that the Kollmorgen project was constructed in accordance with the Approval Documents, as well as all applicable zoning and subdivision ordinances, provisions of the State Building Code, all applicable federal, state and local codes/ laws and requirements and all applicable permits and approvals, in a, forlll reasonably satisfactory to the Agency. Based on our many conversations/ we are aware that there are unresolved issues particularly involving the Planning Board Site. Plan Approval Hearing No. PLN-2009-0051 Decision dated June 16/2009 a'nd continued December 2,2009 . • ' ,-' ,",-.,-', ."j -. , " -' ..• ,;,. • , . specjfi~UYtthe;el11aybe'qJestioris inVolving nOi!>e abatement, tree. plantings~ 'pole lights, and ~Orm'V;I;ateF :ITIfmagemeDtcQ~sicJerations': .'. . . ..•. ........: . . " .' . June 28,2012 RE: 50 Prince Street, Northampton, MA Page 2 Please consider this a formal request for a determination on what, if any, action items need to be undertaken by my client in order to bring the property to a level of compliance that would allow the appropriate public official to execute a compliance certificate. We will perform the work promptly and to your satisfaction. We will then take the MDFA Partial Notice of Completion certificate to the architect and/or engineer of record and request the appropriate signature. I would not expect to be able to obtain the signature unless all subsidiary permits and approvals are signed off by the appropriate individual for the City of Northampton. We have tentatively scheduled an appOintment to meet at your office on the morning of July 11, 2012 to discuss these issues. It would be helpful if the various departments could be polled for specific requirements. I would expect to have a representative of the property owner with me on July 11 to discuss implementation of the necessary work. If the date is inconvenient, we can reschedule for a later date in July. Thank you in advance for your cooperation. Very truly yours/ Cc: Leonard Levine, Esq. Charlene Pellegrino, Vice PreSident, Operations of Kollmorgen Electro-Optical PARTIAL NOTICE OF COMPLETION This Partial Notice of Completion is made and given by Massachusetts Development Finance Agency, a body politic and corporate established pursuant to Massachusetts General Laws Chapter 23G, with a principal place of business at 160 Federal Street, Boston, Massachusetts, as of day of February, 2012, in accordance with Section 10(E) of a Land Disposition Agreement dated September 5, 2002 between the Commonwealth of Massachusetts, acting by and through its Division of Capital Asset Management and Maintenance ("DCAM"), and The Community Builders. .. WHEREAS, The Community Builders, Inc. and the Massachusetts Development Finance Agency (the "Agency") are the sole members of Hospital Hill Development LLC, a Delaware limited liability company (the "Company"), and the Agency is the Manager of the Company. The Company was formed for the purpose of the acquisition and redevelopment of a portion of the former Northampton State Hospital site in Northampton, Hampshire County, Massachusetts (the "Property"); WHEREAS, The Company acquired title to the Property in accordance with a Land Disposition Agreement dated September 5, 2002 between the Commonwealth of Massachusetts, acting by and through its Division of Capital Asset Management and Maintenance ("DCAM"), and The Community Builders (the "LDA") and pursuant to a Release Deed fromthe Commonwealth of Massachusetts, acting by and through DCAM, to the Company dated November 25, 2002 and recorded in the Hampshire County Registry of Deeds at Book 6925, Page 302; WHEREAS, the LDA set forth certain prOVISIOns concerning the redevelopment of the Property (the "Project") consistent with a Master Plan adopted by the Northampton State Hospital Citizens' Advisory Committee (the "CAC")on July 21, 1999 (as the same may be amended, the "Master Plan"); WHEREAS, the Commonwealth of M&Ssachusetts acting by and through its Division of Capital Asset Management and Maintenance (the "Commonwealth") certified that the Agency holds a significant interest in the Company, who is the Developer's Designees under the terms of the LDA, and accordingly the conditions requisite to the effectiveness of the provisions of the LDA concerning the consequences of the Agency accepting a significant interest in the Company are satisfied (the "Commonwealth's Certificate"). Such certification is recorded at the Hampshire County Registry of Deeds in Book 7703, Page 125. WHEREAS, Section 10 of the LDA provides for the issuance of a notice of completion upon the completion of the construction of the Project or any separately fmanced portion of the Project constructed in accordance with the Approval Documents (as defined in the LDA), applicable zoning and subdivision ordinances, provisions of the State Building Code, all applicable federal, state and local codes, laws and requirements and all applicable permits and approvals as certified by a registered architect or engineer duly licensed under the laws of the Commonwealth of Massachusetts; WHEREAS, Section 10(E) of the LDA authorizes the Agency to issue any such Notice of Completion; WHEREAS, pursuant to the Release Deed from the Company to Kollmorgen Corporation dated September 2, 2009 and recorded in the Hampshire County Registry of Deeds at Book 9957, Page, 123, the Agency conveyed to Kollmorgen Corporation a portion of the Property shown as "Lot 2" on a plan entitled "Plan of Land in Northampton, MA, Prepared for Hospital Hill Development LLC, (Owners), Lot Division, Prince, Earle, Gove & Laurel Streets" dated August 28, 2009 by SHERMAN & FRYDRYK, Land Surveying and Engineering and recorded at Plan Book 221, Page 81 (the "Premises") and more particularly described in Exhibit A attached hereto and made a part hereof WHEREAS, Kollmorgen Corporation has completed the construction of a 150,000 square foot building for the manufacturing, engineering and office purposes, together with parking facilities for up to four hundred eighty-five (485) automobiles (the "Kollmorgen Project") on the Premises in accordance with the Purchase and Sale Agreement and the Release Deed and has delivered to the Agency a certificate from a registered architect or engineer duly licensed under the laws of the Commonwealth of Massachusetts certifying that the Kollmorgen Project was constructed in accordance with the Approval Documents, applicable zoning and subdivision ordinances, provisions of the State Building Code, all applicable federal, state and local codes, laws and requirements . and all applicable permits and approvals, ina form reasonably satisfactory to the Agency. NOW THEREFORE, the Agency hereby certifies that: 1. The Construction Period Surviving Covenants set forth in Section 8(A)(1) of the LDA have been satisfied and,therefore, are terminated with respect to the obligation to construct the improvements on Lot 1 in accordance with such covenants. 2. The Right of Reverter set forth in Section 4(B) ofthe LDA is terminated with respect to Lot 2. 2 IN WITNESS WHEREOF, this Certificate is executed as an instrument under seal as of the date first written above. SUFFOLK, ss. MASSACHUSETTS DEVELOPMENT FINANCE AGENCY By: ______________________ __ Name: Richard Henderson Title: Executive Vice President for Real Estate COMMONWEALTH OF MASSACHUSETTS On this ___ day of February, 2012, before me, the undersigned notary public, personally appeared Richard Henderson, proved to me through satisfactory evidence of identification, which was (a current driver's license) (a current U.S. passport) (my personal knowledge of the identity of the principal), to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose, as Executive Vice President for Real Estate of Massachusetts Development Finance Agency. (official signature and seal of notary) My commission expires 3 EXHIBIT A Legal Description 4