Free Statement - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
CASE N O. CIV 03 2353-PHX-DGC
CENTURY 21 REAL ESTATE CORPORATION,
DARYU SH B. MOTLAGH AND JANE DOE MOTLAGH, HUSBAND AND WIFE; l
INTEGRITY ASSURANCE,
EXHIBIT TO CENTURY 21 REAL ESTATE CORPORATION ’S: (1) RENEWED
MOTION FOR SUMMARY JUDGMENT ON ITS BREACH OF CONTRACT
AND UNJUST ENRICHMENT CLAIMS; AND (2) MOTION FOR SUMMARY
JUDGMENT ON COUNTERCLAIMS ,
I

EXHIBIT ll
1
1
Case 2:03-cv-02353-DGC Document 78-16 Filed O7/O7/2006 Page 1 of 3 ]

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I ,- 1 677 - _ V -
I Canlunzg
glileal Estate Corporation 43 2 I __
` '10 Sylvan Way
Parsippany, New Jersey 07054
Business (973) 428-9700 i
Fax (973) 49e-7090
VIA AlRBORNE EXPRESS A
December 18, 1998
5 Daryush Motlagh
CENTURY 21 Assurance Realty __ //_~( _
501 West Van Buren ___ 0 J M
Suite N ‘
Avondale, AZ 85323 r' 5 l lu
Re: AIR No. 8272 —- Avondale, AZ
Dear l'•.llr. Motlagh: ·
i
. This letter will conlirm the terms of the payment plan which has been agreed upon between Assurance l
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 i
(the "Agreement"). The outstanding balance on Franchisee account which is subject to this payment plan
is $18,533.08 which represents all delinquent fees and charges owed by Franchisee through November g
17, 71998. This amount does not include any balances found pursuant to any future audit covering this l
;_ period. An analysis of this liability with supporting detail is attached for your reference. After you review,
*' please contact me if you believe any amounts are incorrect. By signing below you, acknowledge that you i
_ will be individually liable for all amounts due under the terms of this payment plan.
. · g
The payment plan will be as follows: I
. i
MONTHLY PAYMENT MONTHLY
DUE DATE PAYMENT AMOUNT
November 30, 1998 5 500.00 Received .
December 30, 1998 8 500.00 + Current Fees
. January 30, 1999 - November 30, 1999 S 1,500.00 + Current Fees g
December 30, 1999 S 1,033.08 Balance Due
i
All monthly payments must be in our ofiice on or before the above—specilied dates. lf payment is not
received by the “due dates", this plan will become null and void and the entire outstanding balance will _
become due in full. The continued participation of your office and agents in the CENTURY 21 Awards
Program is contingent upon your honoring the terms and conditions of this payment plan. Additionally,
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 2-1 Oflice to be in goodstanding Franchises must
pay all obligations due under the Agreement including royalty fees, service fees, ad fees, franchise fees, ‘ _ I
miscellaneous invoices, and promotional billings etc., in addition to the monthly installment as outlined in I
· the above plan. - 1
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SEEQS du 60'Ii Guo “l-l 1M il&!8llBl lllSillI3·==¤#~s Sill-lzSl·Sii9L wins
E h 0 I1 5 h 5 0*1 L
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l A Cendant Company C2] _00 I 58 (I
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Case 2:03-cv-02353-DGC Document 78-16 Filed O7/O7/2006 Page -2 of gw I

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, December 18, 1998
- é CENTURY 21 Assurance Realty page 2
lllhth the retum of the signed copy of this letter Franchises agrees, on behalf of itself, its partners,
officers, employees, directors, shareholders and any Guarantor(s) of the Agreement, and the
successors and assigns of each of them, hereby release and hold harmless the Company, its
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
Franchisee has or may have against Company under the Agreement as of this date hereof.
y All PAYMENTS and correspondence should be sent via OVERNIGHT MAIL tothe following:
CENTURY 21 Real Estate Corporation U
10 Sylvan Way
Parsippany, NJ 07054 n l
Attn: Tamara Hasel 3
l
Please acknowledge acceptance of this letter agreement by signing where indicated below and 3
retuming one original to me with your payment. ‘ §
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— l
l
A I
Very truly yours, I
l
. ¤.»¤.¤_9\ n E,
I
Tamara Hasel
Account Representative _
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Agreed to: n
CENTURY 21 Assurance Realty .
Byr 1
_ Daryush Nlotlagh - Owner · - .
l
Agreed to: . _
By: .
Daryush Motlagh - Individually I
I I
Attachments
I - cc: J. Wenz
C. Torian
E I if
*0 L.-’ · · U
1 C21-00159 ‘ I
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Case 2:03-cv-02353-DGC

Document 78-16

Filed 07/07/2006

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Case 2:03-cv-02353-DGC

Document 78-16

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Case 2:03-cv-02353-DGC

Document 78-16

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