SUBORDINATION AGREEMENTS FOR AMENDED GRANT OF ...Bk: 05255 Pg: 190 Amended GERE, insofar as the interests created under the Easement or Right-of-Way affect the Property identified

Bk: 05255 Pg: 189

SUBORDINATION AGREEMENT (Former 30s Complex)

EPA Site Name: GE-Pittsfield!Housatonic River Site DEP Disposal Site Name: GE Pittsfield Disposal Sites DEP Disposal Site No. GECD 120

llllllllllllll~~l~l~lll~~~~~~~ll~llllllllllllll Bk: 5255 Pg: 189 Doc: SUB

Page: 1 of 2 08/26/2013 12:44 PM

CSX TRANSPORTATION, INC., a Virginia corporation ("CSXT"), as Operator oflines of

railroad ofNew York Central Lines LLC, a Delaware limited liability company ("NYC, LLC"), formerly

a wholly owned subsidiary of Consolidated Rail Corporation (a Pennsylvania corporation), is the holder

of an easement or right-of-way, granted by the General Electric Company ("GE") to The New York

Central and Hudson River Railroad Company, Lessee of the Boston and Albany Railroad, predecessor in

interest of Consolidated Rail Corporation, former parent of NYC, LLC, dated September I, 1908,

recorded in the Berkshire Middle District Registry of Deeds in Book 347, Page 50 (hereinafter the

"Easement or Right-of-Way").

CSXT subordinated its Easement or Right-of-Way to a Grant of Environmental Restriction and

Easement, dated January 28, 2005 and recorded in the Berkshire Middle District Registry of Deeds in

Book 3156, Page 71. The CSXT Subordination Agreement was recorded in the Berkshire Middle District

Registry of Deeds in Book 3156, Page 205 on February 10, 2005.

CSXT hereby assents to the Amended Grant of Environmental Restriction and Easement

("Amended GERE") granted by the Pittsfield Economic Development Authority to the Massachusetts 1. c. ·,w 1 3

Department of Environmental Protection ("MADEP"), dated. Mf1t I r , W1'1, and recorded in the

Berkshire Middle District Registry of Deeds in Dook-2:~ ;age lCD, at or for a pm1ion of the Site

identified above (the "Site"), and agrees that said Easement or Right-of-Way shall be subject to said

Amended GERE, and to the rights, covenants, restrictions and easements created by and under said

Bk: 05255 Pg: 190

Amended GERE, insofar as the interests created under the Easement or Right-of-Way affect the Property

identified in the Amended GERE, and as if for all purposes said Amended GERE had been executed,

delivered and recorded prior to the execution, delivery and recordation and/or registration of the

Easement or Right-of-Way.

The execution by CSXT of this Subordination Agreement to said Amended GERE shall not

render CSXT an "owner" or "operator" of the Site or facility or project pursuant to 42 U.S.C.

§§ 9601(20) and 9607, provided that CSXT shall not otherwise be determined by the United States

Environmental Protection Agency or MADEP to be an "owner" or "operator" within the

meaning of 42 U.S.C. § 960 I (20)(D) and/or § 9607.

WITNESS the execution hereof under seal this 3t.i_ day of ~ , 20 II.

CSX TRANSPORTATION, INC., as owner/oper r of e railroad lines of NYC, LLC Easement or W older

Its:-------+-----------

My Commission Expires: _.,..o=:.. ____ ..,,.. .. .,. ...... ~..., .... ~~~~~;~ .. , BEm D. JONES l~m• •'i\ Notary Public· State of Florida ~· • ·~My Comm. Expires Oct 18,2015 ;q~ ,_.,../ Commission II EE 108179

4 ,,~-OFf\.~~.: ''""'"'' Boniled Through National Notary Ann.

(seal)

' ::,; ...

... Bk: 05255 Pg: 191

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EPA Site Name: GE-Pittsfield/Housatonic River Site DEP Disposal Site Name: GE Pittsfield Disposal Sites DEP Disposal Site No. GECD120

The City of Pittsfield (the "City"), Berkshire County, Massachusetts, is the holder

of a sewer easement (the "Sewer Easement") taken by eminent domain, by Order of

Taking dated August 23, 1911, and recorded in the Berkshire Middle District Registry of

Deeds at Book 326, Page 363.

The City subordinated its Sewer Easement to a Grant of Environmental

Restriction and Easement, dated January 28, 2005 and recorded in the Berkshire Middle

District Registry of Deeds in Book 3156, Page 71. The City Subordination Agreement

was recorded in the Berkshire Middle District Registry of Deeds in Book 3156, Page 217

on February 10, 2005.

The Pittsfield Economic Development Authority ("PEDA'') amended the Grant of

Environmental Restriction and Easement ("Amended GERE") and the City hereby

assents to the Amended GERE granted by the PEDA to the Massachusetts Department of 'd.0L.3

Environmental Protection ("MADEP"), dated lu ne. I r '~rand recorded in the v

Berkshire Middle District Registry of Deeds in Book 52-55, Page I 3D, and agrees that

said Sewer Easement shall be subject to said Amended GERE and to the rights,

covenants, restrictions and easements created by and under said Amended GERE, insofar

as the interests created under the Sewer Easement affect the Property identified in the

Bk: 05255 Pg: 192

Amended GERE, and as if for all purposes said Amended GERE had been executed,

delivered and recorded prior to the execution, delivery and recordation of the Order of

Taking establishing the Easement.

The City's execution of this Subordination Agreement to said Amended GERE

shall not render the City an "owner" or "operator" of the EPA Site or facility or project

pursuant to 42 U.S.C. §§ 9601 (20) and 9607, provided that the City shall not otherwise

be determined by the United States Environmental Protection Agency or MADEP to be

an "owner" or "operator" within the meaning of 42 U.S.C. § 9601(20)(D) and/or§ 9607.

WITNESS the execution hereof under seal this Hih day of ~ , 2011.

CITY OF PITTSFIE14 _

::..,~~ Qulxrhl Its Mayor

STATE OF ffi~useJ Is ~ COUNTY OF e)et"t9Jjcc. SS:

On this ~day of ~krnber , 2011, before me, the undersigned notary public, personally appeared JtAO)R s m. Rllbe.r ro (name of signer), as Mayor of the City of Pittsfield, Berkshire County, Massachusetts, proved to me through satisfactory evidence of identification, which was rnA O'dve6 UlehS.e (type of identification), to be the person whose name is

signed on the preceding or attached document, acknowledged himself or herself to be an officer of the same corporation with authority to execute for it and bind it thereto, acknowledged the same document as the voluntary act and deed of the corporation and, if under seal, that he or she knows the seal of said corporation and that the seal so affixed is such seal, and acknowledged to me that he or she signed the same document voluntarily for its stated purpose.

My Commission Expires: ctll, JO 15 (seal)

~ LINDA M. TYER

® Notary Public COMM&NWEALTH OF MASSACHUSETTS

My Commtuton Expires October 01, 2015

-.. Bk: 05255 Pg: 193

By ~~ fv_~ Printed Name: (}cv;1 f)} Vll\ - }, £!1?. Its City Council President

STATEOF ~~~~e:Hs ) COUNTY OFe~9"llte ) SS:

On this ~day of. Sep~ , 2011, before me, the undersigned notary public, personally appeared == m. Le..e. (name of signer), as President of the City Council of the City of Pittsfield, Berkshire County, Massachusetts, proved to me through satisfactory evidence of identification, which was OlA On ve¥"5 l\Le.rbe (type of identification), to be the person whose name is


My Commission Expires: Oe:.;t:., I 1 de> IS (seal)

) ~ LINDA M. TYER i®. Notary Public lf·. , r COMMONWEALTHOFMASSACHUSEnS , Mv Commission Expires i October 01, 2016

BerkStlli'Q Middle D1Strtct Registry ot De9ds-END OF DOCUMENT

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The City of Pittsfield (the "City"), Berkshire County, Massachusetts, is the holder

of an easement for pipes or drains for the conveyance of surface water, granted to the

City by the Stanley Electric Manufacturing Company, dated June 11, 1902 (the "Surface

Water Easement") and recorded in the Berkshire Middle District Registry of Deeds at

Book 318, Page 136 and the City also may have other unrecorded rights for surface - -and/or storm water drainage (the "Umecorded Rights").

The City subordinated its Surface Water Easement and Umecorded Rights, if any,

to a Grant of Environmental Restriction and Easement ("GERE"), dated January 28, 2005

and recorded in the Berkshire Middle District Registry of Deeds in Book 3156, Page 71.

The City Subordination Agreement was recorded in the Berkshire Middle District

Registry ofDeeds in Book 3156, Page 219 on February 10,2005.

The Pittsfield Economic Development Authority ("PEDA'') amended the GERE

and the City hereby assents to the Amended Grant of Environmental Restriction and

Easement ("Amended GERE") granted by the Pittsfield Economic Development Corp. to

the Massachusetts Department of Environmental Protection ("MADEP"), dated . C1 aol3 JIA oe. I J '2-et1, and recorded in the Berkshire Middle District Registry of Deeds in

Book 52.5~ Page 13 °, and agrees that said Surface Water Easement and Umecorded

Rights, if any, shall be subject to said Amended GERE, and to the rights, covenants,

Bk: 05255 Pg: 195

restrictions and easements created by and under said Amended GERE, insofar as the

interests created under the Surface Water Easement and/or any Unrecorded Rights affect

the Property identified in the Amended GERE, and as iffor all purposes said Amended

GERE had been executed, delivered and recorded prior to the execution, delivery and

recordation and/or registration of the Surface Water Easement and prior to the

establishment by prescription of any Unrecorded Rights.

The City's execution of this Subordination Agreement to the Amended GERE

shall not render the City an "owner" or "operator" of the EPA Site or facility or project

pursuant to 42 U.S. C. §§ 9601 (20) and 9607, provided that the City shall not otherwise

be determined by the United States Environmental Protection Agency or MADEP to be

an "owner" or "operator" within the meaning of 42 U.S.C. § 9601(20)(D) and/or§ 9607.

WITNESS the execution hereof under seal this l4-th day of Sepk.rnter , 2011.

NOT. YPUBLIC

My Commission Expires: Q:L. \ JOIS (seal)

~ LINDA M. TYER [ Notary Public 1

W COMMONWEALTHOFMASSACHUSElTS My Commission Expires

October 01. 2015

Bk: 05255 Pg: 196

By: L/J~__.___r -~-------I'L~·-Printed Name: -,-'Ght"----------'-;q~i }.=------'-/11--,--'. --~· _{__~_s __ Its City Council President

STATE OF Jtn~~seJts ) COUNTY OF {be_ ~-_(f ) SS:

On this \l\t'lday ofSep~~ , 2011, before me, the undersigned notary public, personally appeared -- m . le£ (name of signer), as President of the City Council of the City of Pittsfield, Berkshire County, Massachusetts, proved to me through satisfactory evidence of identification, which was me \)jve.is LiL.et'IS< (type of identification), to be the person whose name is


NOTARY PUBLIC

My Commission Expires: Qc_t. I. J 015 '

(seal)

~ LINDA M. TYER

W Notary Public COMMGNWEALTH OF MASSACHUSETTS

My Commission Expires October 01, 2015

Beltlslllfe Middle Olstrlt1 RegiStry of Deeds- END OF OOCUM~NT

Bk: 05255 Pg: 197




Western Massachusetts Electric Company, a Massachusetts corporation ("WMECO"), is

the holder of certain rights set forth in a Solar Facility Easement Agreement between WMECO

and the Pittsfield Economic Development Authority dated May 14, 2010, recorded in the

Berkshire Middle District Registry of Deeds in Book 4540, Page 122 (hereinafter the - -"Agreement"). These rights and easement were granted to WMECO subject to a Grant of

Environmental Restriction and Easement, recorded in Book 3156, Page 71.

WMECO hereby assents to the Amended Grant of Environmental Restriction and

Easement ("Amended ERE") granted by the Pittsfield Economic Development Authority t~~e 3 MM,~h""'" Depurtmonl nf Environmentul Protectiou ("MADEP"), du~ e 11 , j1;ii/,

and recorded in the Berkshire Middle District Registry of Deeds in Book __ , Page 13 D , at

or for a portion of the Site identified above (the "Site"), and agrees that said Agreement shall be

subject to said Amended ERE, and to the rights, covenants, restrictions and easements created by

and under said Amended ERE, insofar as the Agreement affects the Property identified in the

Amended ERE, and as if for all purposes said Amended ERE had been executed, delivered and

recorded prior to the execution, delivery and recordation of the Agreement.

Bk: 05255 Pg: 198

The execution by WMECO of this Subordination Agreement to said Amended ERE shall

not render WMECO an "owner" or "operator" of the Site or facility or project pursuant to 42

U.S.C. §§ 9601(20) and 9607, provided that WMECO shall not otherwise be determined by the

United States Environmental Protection Agency or MADEP to be an "owner" or "operator"

within the meaning of 42 U.S.C. § 9601(20)(0) and/or§ 9607.

')D% () I I . WITNESS the execution hereof under seal this _._e_=--- day ofCTZ>J).e!L

2011.

WESTER1"l MASSACHUSTTS ELECTRIC COMPANY

By~c£ Printed Name: Jo~n 6'. luJloc..h

Its: IY\o.n<giex-1

Cl.lskme.r D{Jer-a.:hons

STATEOFmc-fk ) COUNTY OF ) SS:

On this ~day of {)cbiliu= , 2011, before me, the undersigned notary public, personally appeared J11brl S "Tt.dl1ch (name of signer), as ~· ~sbJll?C{)pt~(title of signer) of WESTERN MASSACHUSTTS ELECTRIC COMPANY,

orporatton, proved to me through satisfactory evidence of Identtficat10n, which was P~ ' • T (type of identification), to be the person whose name is signed on the precedi or attac d document, acknowledged himself or herself to be an officer of the same corporation with authority to execute for it and bind it thereto, acknowledged the same document as the voluntary act and deed of the corporation and, if under seal, that he or she knows the seal of said corporation and that the seal so affixed is such seal, and acknowledged to me that he or she signed the same document voluntarily for its stated purpose.

SHARON M. TOWER, Notary Public Commonwealth of Massachusetts

My Commission Expires Feb. 23, 2012

Befbblf'll MJddls District Registry of Deeds- END Of DOCUMENT

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v

Pittsfield Stanley Works, LLC, a Massachusetts limited liability company ("PS W"), is a

party to a ground lease agreement dated July 19, 2011 between the Pittsfield Economic

Development Authority, as Lessor and Pittsfield Stanley Works, LLC, as Lessee, as set forth in a

Notice of Ground Lease in Accordance with Massachusetts General Laws c. 183 §4 and recorded

in the Berkshire Middle District Registry of Deeds in Book '!.72], Page __ 69 (the "Ground Lease").

For the Ground Lease referenced above, PSW hereby assents to the Amended Grant of

Environmental Restriction and Easement ("AGERE") granted by the Pittsfield Economic

Development Authority to the Ma~~~.fchusetts Department of Environmental Protection

("MADEP"), dated.~,~~ and recorded in the Berkshire Middle District Registry of

Deeds in Book~:~~ge t3D , at or for a portion of the Site identified above (the ''Site"), ·

and agrees that said Ground Lease shaiJ be subject to said AGERE, and to the rights, covenants,

restrictions and easements created by and under said AGERE, insofar as the Ground Lease

affects the Property identified in the AGERE, and as if for all purposes said AGERE had been d

executed, delivered and recorded prior to the execution, delivery and recordation of the Ground

Lease.

Bk: 05255 Pg: 200

The execution by PSW of this Subordination Agreement to said AGERE shall not render

PSW an "owner" or "operator" of the Site or facility or project pursuant to 42 U.S.C.

§§ 9601(20) and 9607, provided that PSW shall not otherwise be determined by the United

States Environmental Protection Agency or MADEP to be an "owner" or "operator" within the

meaning of 42 U.S.C. § 9601(20)(D) and/or§ 9607.

2011.

WITNESS the execution hereof under seal this

Printed Name: Eric Taylor Its: Manager

) ) SS:

On this JL__day of Slfb."-~(,1" , 2011, before me, the undersigned notary public, personally appeared Eric Taylor, as Manager of PITTSFIELD STANLEY WORKS, LLC, a limited li~bilit omp$' t, roved to me through satisfactory evidence of identification, which was · fi N~ ? (type of identification), to be the person whose name is signed on th preceding or attach d document, acknowledged himself or herself to be an officer of the same corporation with authority to execute for it and bind it thereto, acknowledged the same document as the voluntary act and deed of the corporation and, if under seal, that he or she knows the seal of said corporation and that the seal so affixed is such seal, and acknowledged to me that he or she signed the same document voluntarily for its stated purpose.

My Commission Expires: ----'',.e.,.-t--fi-1M-fl----i

(seal) \

88ftlstllr8 Mlddl8 01str1tt Registry of Deeds-END 0~ oOOUMeNt

Bk: 05255 Pg: 201

11111111



EPA Site Name: GE-Pittsfield/Housatonic River Site DEP Disposal Site Name: GE Pittsfield Disposal Sites DEP Disposal Site No. GECD 120

Hoosac Bank, a Massachusetts banking corporation ("Hoosac"), is a party to a sub-lease

agreement dated August 26, 2011 between the Hoosac, as sub-tenant and Pittsfield Stanley

Works, LLC, as sub-landlord and as set forth in a Notice of Sublease in Accordance with

Massachusetts General Laws c. 183 §4 and recorded in the Berkshire Middle District Registry of

Deeds in Book 4800, Page 168 (the "Sub-Lease"). -- ~~--

For the Sub-Lease referenced above, Hoosac hereby assents to the Amended Grant of

Environmental Restriction and Easement ("Amended ERE") granted by the Pittsfield Economic

Development Authority to the Massachusetts Department of Environmental Protection . d.-C>Q

("MADEP"), datedJurw I Cj , ~1, and recorded in the Berkshire Middle District Registry of

Deeds in Book 52-55", Page 130, at or for a portion of the Site identified above (the "Site"),

and agrees that said Sub-Lease shall be subject to said Amended ERE, and to the rights,

covenants, restrictions and easements created by and under said Amended ERE, insofar as the

Sub-Lease affects the Property identified in the Amended ERE, and as if for all purposes said

Amended ERE had been executed, delivered and recorded prior to the execution, delivery and

recordation of the Sub-Lease.

Bk: 05255 Pg: 202

The execution by Hoosac of this Subordination Agreement to said Amended ERE shall not

render Hoosac an "owner" or "operator" of the Site or facility or project pursuant to 42 U.S.C.

§§ 9601(20) and 9607, provided that Hoosac shall not otherwise be determined by the United



2011.

WITNESS the execution hereof under seal this _,.2).,.~-~ ___ day of Q~o't:x?r

HOOSAC BA:t?

By~ ·------Printed Name: Donald Keagan Its: President

COMMONWEALTH OF MASSACHUSETTS BERKSHIRE, ss:

On this3rd day of Cc:\ot:er ,2011, before me, the undersigned notary public, personally appeared Donald Keagan, as President of HOOSAC BANK, a Massachusetts banking corporation, proved to me through satisfactory evidence of identification, which was {De, \.\ceh'Sa (type of identification), to be the person whose name is signed on the preceding or attached document, acknowledged himself to be an officer of the same corporation with authority to execute for it and bind it thereto, acknowledged the same document as the voluntary act and deed of the corporation and, if under seal, that he knows the seal of said corporation and that the seal so affixed is such seal, and acknowledged to me that he signed the same document voluntarily for its stated purpose.

Beftlstlfre Middle Olstrfct R81JIStry of Dee«b- END OF DOCUMErn

Bk: 05255 Pg: 203

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EPA Site Name: GE-Pittsfield/Housatonic River Site DEP Disposal Site Name: GE Pittsfield Disposal Sites DEP Disposal Site No. GECD 120

Hoosac Bank, a Massachusetts banking corporation ("Hoosac"), is a party to a Leasehold

Mortgage, Security Agreement and Assignment of Leases and Rents, dated August 26, 20 II (the

"Mortgage") between Hoosac Bank, as Mortgagee, and Pittsfield Stanley Works, LLC, as

Mortgagor, as set forth in the Mortgage and recorded in the Berkshire Middle District Registry of

Deeds in Book '!~0.9-' Page .L~:.

For the Mortgage referenced above, Hoosac hereby assents to the Amended Grant of

Environmental Restriction and Easement ("Amended ERE") granted by the Pittsfield Economic

Development Authority to the Ma~~f2usetts Department of Environmental Protection

("MAD EP"), dated . /LA !'1£. 19 , 2.M1, and recorded in the Berkshire Middle District Registry of

Deeds in Book52~D, at or for a portion of the Site identified above (the "Site"),

and agrees that said Mortgage shall be subject to said Amended ERE, and to the rights,

covenants, restrictions and easements created by and under said Amended ERE, insofar as the

Mortgage affects the Property identified in the Amended ERE, and as if for all purposes said

Amended ERE had been executed, delivered and recorded prior to the execution, delivery and

recordation of the Mortgage.

Bk: 05255 Pg: 204

The execution by Hoosac of this Subordination Agreement to said Amended ERE shall not

render Hoosac an "owner" or "operator" of the Site or facility or project pursuant to 42 U.S.C.

§§ 9601(20) and 9607, provided that Hoosac shall not otherwise be determined by the United



2011.

WITNESS the execution hereof under seal this 6 10

HOOSAC BANK J By 5?41 Printed Name: Donald Keagan Its: President

day of Oc.\oJ::er

COMMONWEALTH OF MASSACHUSETTS BERKSHIRE, ss:

On this 2;, rd. day of 0::~:\oter , 20 11, before me, the undersigned notary public, personally appeared Donald Keagan, as President of HOOSAC BANK, a Massachusetts banking corporation, proved to me through satisfactory evidence of identification, which was MA \ice.J">o (type of identification), to be the person whose name is signed on

the preceding or attached document, acknowledged himself to be an officer of the same corporation with authority to execute for it and bind it thereto, acknowledged the same document as the voluntary act and deed of the corporation and, if under seal, that he knows the seal of said corporation and that the seal so affixed is such seal, and acknowledged to me that he signed the same document voluntarily for its stated purpose.

Bertalbke Middle Olstrlct Registry of Deeds-END OF DOCUMENT

Bk: 05255 Pg: 205


EPA Site Name: GE-Pittsfield/Housatonic River Site DEP Disposal Site Name: GE Pittsfield Disposal Sites DEP Disposal Site No. GECDJ20


The Berkshire Gas Company, a Massachusetts corporation ("Berkshire Gas"), is the

holder of certain rights set forth in a Grant of Easement frGil! the ()cnerallJectric Company

("GE") to Berkshire Gas, dated April i~, 2005, recorded in the Berkshire Middle District

Registry of Deeds in Book 3200, Page 298 (hereinafter the "Easement"). Berkshire Gas has -- -other unrecorded rights for installation, maintenance, replacement, repair, and removal of gas

lines at the property (the "Unrecorded Rights"). These rights and Easement were made subject

to a Grant of Environmental Restriction and Easement, recorded in Book 3156, Page 71. The

Pittsfield Economic Development Authority is the current owner of the property and Grantor

under that Grant of Environmental Restriction and Easement.

Berkshire Gas hereby assents to the Amended Grant of Environmental Restriction and

Easement ("Amended ERE") I:,'Tanted by the Pittsfield Economic Development Authority to the

Massachusetts Department of Environmental Protection ("MADEP"), dated f.:>{ lq , 2013,

and recorded in the Berkshire Middle District Registry ofDeeds in Book5Z.SS, Page 1.3>0, at

or for a portion of the Site identified above (the "Site"), and agrees that said Easement and the

Unrecorded Rights shall be subject to the Amended ERE, and to the rights, covenants,

restrictions and casements created by and under said Amended ERE, insofar as the Easement

and/or any Unrecorded Rights affect the Property identified in the Amended ERE, and as iffor

all purposes said Amended ERE had been executed, delivered and recorded prior to the

execution, delivery and recordation of the Easement and prior to the establishment of the

Unrecorded Rights.

Bk: 05255 Pg: 206

The execution by Berkshire Gas of this Subordination Agreement to said Amended ERE

shall not render Berkshire Gas an "owner" or "operator" of the Site or facility or project pursuant

to 42 U.S.C. §§ 9601(20) and 9607, provided that Berkshire Gas shall not otherwise be

detennined by the United States Environmental Protection Agency or MADEP to be an "owner"

or "operator" within the meaning of 42 U.S.C. § 9601 (20)(D) and/or§ 9607.

·LA WITNESS the execution hereof under seal this tf day of .:r U f1J G

BERKSHIRE GAS COMPANY

ByK~~ PrintedName:~d'l Ltht

STATE OF IDassttCitLlS.&rtS ) COUNTY OF Jfe: R.KS.ft i ~£ ) SS:

'2013.

On this <./1:1\,day of .::r y fV £;" , 2013, before me, the undersigned notary public, Rersonally appeared K fT Re nJ z -, N I( (name of signer), as 1-'REs·l PENT ·~D (title of signer) of BERKSHIRE GAS COMPANY, a corr.oration, proved to me through satisfactory evidence of identification, which was PE & S VI\JI~LLy "j{t..JOW N (type of identification), to be the person whose name is signed on the preceding or attached document, acknowledged himself or herself to be an officer of the same corporation with authority to execute for it and bind it thereto, acknowledged the same document as the voluntary act and deed of the corporation and, ifunder seal, that he or she knows the seal of said corporation and that the seal so affixed is such seal, and acknowledged to me that he or she signed the same document voluntarily for its stated purpose.

MyCommissionExpires: ;-;1-/V

(seal) CHERYL M. ClARK

Notary Public })ccaiMCINWE:AL:nt OF 1M88ACHUSEm1 .

My Con)misaion Ellplres . 17,2014

Bk: 05255 Pg: 207



11~1~1111~~ Bk: 5255 Pg: 207 Doc: SUB

Page: 1 of 2 08/26/2013 12:44 PM

The GENERAL ELECTRIC COMPANY ("GE"), a New York corporation, is the holder

of easements established by a Declaration of Easements, dated April 27, 2005, and recorded on

May 2, 2005, in the Berkshire Middle District Registry of Deeds in Book 3212, Page .M, That --Declaration of Easements was recorded subsequent to and subject to a Grant of Environmental

Restriction and Easement dated January 28, 2005, and recorded in the said Registry of Deeds on

February 10, 2005, in Book 3156, Page 71 ("2005 Grant"). On April 27, 2010, GE executed a

Partial Termination of Easements, which was recorded in the said Registry of Deeds on April 28,

2010, in Book 4526, Page 187; and on IvlLJ 13 , 2012, GE executed an additional Partial

Termination of Easements, which was recorded in the said Registry of Deeds on A~. '?>o 2012, in Book)O~~Page 7.1cP. Except for those rights and easements terminated, discharged

and released by the above-mentioned Partial Terminations of Easements, the easements

established by the above-referenced Declaration of Easements remain in full force and effect.

Those remaining easements are referred to hereinafter as the "Easements."

GE hereby assents to the Amended Grant of Environmental Restriction and Easement

("Amended Grant") granted by the Pittsfield Economic Development Authority to the ~~

Massachusetts Department of Environmental Protection, dated j(;t.l'r(, l q , 2~, and

recorded in the Berkshire Middle District Registry of Deeds on /KMfj IA'St 2-1& , 2~ in

Book5Z.S~ Page \3D, which Amended Grant covers the same Property as, and replaces, the

2005 Grant. GE agrees that the Easements shall be subject to the Amended Grant and to the

rights, covenants, restrictions and easements created by and under said Amended Grant, insofar

Bk: 05255 Pg: 208

as the interests created under the Easements affect the Property identified in the Amended Grant

and as if for all purposes the Amended Grant had been executed, delivered and recorded prior to

the execution, delivery and recordation of the Easements.

WITNESS the execution hereof under seal this 1'?1~ day of _3\=--v..---'\-+f---' 2012.

County of Berkshire) ss:

GENERAL ELECTRIC COMPANY

By:~~/~~ Michael T. Carroll Manager, Pittsfield Remediation Programs,

Corporate Environmental Programs

COMMONWEALTH OF MASSACHUSETTS

On this 11i'h day of ~ ~ , 2012, before me, the undersigned notary public, personally appeared Michael T. Ca II, as Manager, Pittsfield Remediation Programs, Corporate Environmental_Programs, ~f the Ge~eral ~~ect~ic Co~pany, a New York cqll]oration, proved to me through satisfactory evidence of Identification, which was £Cr.!~ ~""'"" (type of identification), to be the person whose name is signed n the pr edmg or attached document, acknowledged himself to hoi above-referen ed position and to have authority to execute said document on behalf of the Gene ctr· C mpany and to bind it thereto, and acknowledged to me that he signed the v.o mtarily for its stated purpose.

My Commission Expires: __:..1_6+/-'-1 1-j-_Lu_\_7 ___ _ I I

(seal)

~ ANTHONY G. MASSIMIANO ---

® Notary Public COMMONWEALTH OF MASSACHUSETTS

My Commission Expires Dece_mber 01, 201 7

8erflsl!n Mlddle Dlslrid R8glstry ot Deeds- END OF DOCUMENT

Documents

SUBORDINATION AGREEMENTS FOR AMENDED GRANT OF ...Bk: 05255 Pg: 190 Amended GERE, insofar as the interests created under the Easement or Right-of-Way affect the Property identified