Free Statement - District Court of Arizona - Arizona

-
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA .
CASE NO. CIV 03 2353-PHX-DGC

CENTURY 21 REAL ESTATE CORPORATION, `
DARYUSH B. MOTLAGH AND JANE DOE MOTLAGH, HUSBAND AND WIFE; A
INTEGRITY ASSURANCE, `
EXHIBIT TO CENTURY 21 REAL ESTATE CORPORATION’S: (1) RENEWED
MOTION FOR SUMMARY JUDGMENT ON ITS BREACH OF CONTRACT
AND UNJU ST ENRICHMENT CLAIMS; AND (2) MOTION FOR SUMMARY
JUDGMENT ON COUNTERCLAIMS A
I
I .
I
EXHIBIT 13 “
Case 2:03-cv-02353-DGC Document 78-18 Filed O7/O7/2006 Page 1 of 3

V l, —;_·L C. J. l · l
I V F@l”`liU
.; ` ` . *5,7 · ·
¤··*·······* * 2* , l · f ¤ ·
»· —-.: Real Estate Corporation 9 l
= ,* · 10 Sylvan Way
Parsippany, New Jersey 07054 y ` y i
Business (800) 811-2305 _
Fax (973) 496-7090 `
9 VIA AIRBORNE EXPRESS ` U I
' . June 2s, 1999
9 9 9 l
Daryush Motlagh _ - l
CENTURY 21 Assurance Realty
· 501 West Vanburen Road, Suite N
Avondale, AZ 853239 I
Re: AIR No. 6272 ·— Avondale, AZ ` ‘ I
Dear Mr. Motlagh:
. l
This letter will confirm the terms of the payment plan which has been agreed upon between CENTURY
I 21 Assurance Realty (the “Franchisee") and Century 21 Real Estate Corporation, ("Company”) relating to
amounts owed by Franchisee to company under its Century 21 Real Estate Corporation Franchise
Agreement (the "Agreement"). The outstanding balance on Franchisee account which is subject to this -
= payment plan is $32,424.43 which represents all delinquent fees and charges owed by Franchisee
` through June 13, 1999. This amount does not include any balances found pursuant to any future audit
. covering this period. An analysis of this liability with supporting detail is attached for your reference. After
9 you review, please contact me if you believe any amounts are incorrect. By signing below you,
acknowledge that you will be individually liable for all amounts due under the terms of this payment plan.
K J The payment plan will be as follows: .· ‘
MONTHLY PAYMENT MONTHLY _ -
DUE DATE PAYMENT AMOUNT ‘
_ July 15, 1999 —August 15, 1999 $1,000.00 + Current Fees l
September 15, 1999 _ $30,424.43 + Current Fees g
*WiII waive $8,778.51 in Finance Charges and Minimum Service Fee billings once payment plan
is complete. 9 A
_ Atl monthly payments must be in our office on or before the above-specified dates. If payment is _
, not received by the "due dates", this plan will become null and void and the entire outstanding balance will I
` become due in full. The continued participation of your oftice and agents in the CENTURY 21 Awards
I Program is contingent upon your honoring the terms and conditions of this payment plan. Additionally, E
‘ this payment plan must be paid in full on or before the CENTURY 21 Cash incentive Bonus issuance date
_ to be eligible to receive any CENTURY 21 Cash Incentive Bonus. - ,
l Please be reminded that in order for your CENTURY 21 Ofhce to be in good standing Franchisee must ”
pay all obligations due under the Agreement including royalty fees, service fees, ad fees, franchise fees, '
miscellaneous invoices,-and promotional billings etc., in addition tothe monthly installment as outlined in
_ the above plan. _ - `
i.,.. t. ..,. . - ` , .
in N 3LB3.‘,,;l3 HUB amuumiw sevosnscopv; .y
shams 3183?‘?3—7li0 sm, EXP OBIEBJFY wi, H. l Pc ¤alP¤St¤1G¤d¤B53E3
I E Ugg; Dims Chg. Y
_ Bruner, 2E·5{l"6E?lU ‘ l U Bi1lTo I
A Cendant Company C2l_ 96
· Case 2:03-cv-02353-DGC Document 78-18 Filed O7/O7/2006 Page 2 f 129 W 5 i
i

June 25, 1999 i
I-— · CENTURY 21 Assurance Realty page 2
‘ With the retum of the signed copy of this letter Franchiseeagrees, on behalf of itself, its partners, - .
` officers, employees, directors, shareholders and any Guarantor(s) of the Agreement, and the i
. successors and assigns of each of them, hereby release and hold harmless the Company, its
g - officers, employees, agents, directors, shareholders, and the successors and assigns of all-of
them from any and all liability cost or expense, arising from any claims, or causes of action which §
‘ A Franchises has or may have against Companyunder the Agreement as of this date hereof. Q
All PAYMENTS and correspondence should be sent via OVERNIGHT MAIL to the following: g
E .
I Century 21 Real Estate Corporation
10 Sylvan Way .
_ Parsippany, NJ 07054
· Attn: Elise Zapka i
. i l
. ‘ Please acknowledge acceptance of this letter agreement by signing where indicated below and
· retuming one original to me with your payment. ‘
A Very truly yours,
@@12 l
i
Elise Zapka §
__ Franchise Collections g ‘
i- Agreed to:
CENTURY 21 Assurance Realty ‘
_ By: —·
Daryush Motlagh - Broker i r - i
. Agreed to: U

By: .
Mr. Motlagh — individually
- 1 · g
Attachments
. cc: J. Wenz U
` M. Gordon _ V ‘ §
‘ ` ‘ i
i
i
i
c A y Q
("1 - i
s' _ l
~t_/is
‘ C21 -00197 1
- 1
‘ Case 2:O3—cv-02353-DGC Document 78-18 Filed _O7/O7/2006 l Page 3 of 3 A

Case 2:03-cv-02353-DGC

Document 78-18

Filed 07/07/2006

Page 1 of 3

Case 2:03-cv-02353-DGC

Document 78-18

Filed 07/07/2006

Page 2 of 3

Case 2:03-cv-02353-DGC

Document 78-18

Filed 07/07/2006

Page 3 of 3