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