Free Statement - District Court of Arizona - Arizona

UNITED STATES D1sTmcT COURT
DISTRICT OF ARIZONA
CASE N0. cw as 2ss:s-1>1~1x-Dec
CENTURY 21 REAL ESTATE CORPORATION,
DARYUSH E. 1v10T1.A0E AND JANE DOE N10TLA0H, HUSBAND AND WIFE;
INTEGRITY ASSURANCE,
1
EXHIBIT TO CENTURY 21 REAL ESTATE c0R1=·0RAT10N·s¤ (1) RENEWED
MOTION FOR SUMMARY JUDGMENT ON ITS BREACH OF CONTRACT
AND UNJUST ENE1cEMENT CLAIMS; AND (2) 1v10T10N FOR SUMMARY 1
JUDGMENT ON COUNTERCLAIMS
1
EXHIBIT 9 {
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Case 2:03-cv-02353-DGC Document 78-14 Filed O7/O7/2006 Page 1 013


..2 YT- ‘-:` er- J`
A A i ( A in 1 an 3 7
r .. , y _ ,
‘ Aj Real Estate Corporation
10 Sylvan Way
Parsippany, New Jersey 07054 _ i
Business (973) 428-9700 .
Fax (979) 496-7090 1
VIA AIRBORNE EXPRESS
- l
Jane so, 1998 l
. · l
Daryush Motiagh
CENTURY 21 Assurance Realty · _
14175 W. Indian School Rd. Bypass l
suite A-7 .
Goodyear, AZ 85338 · A
Re: AIR No. 6272 — Goodyear, AZ Q
Dear Mr. Motlagh:
A l
This letter will confirm the terms ofthe payment plan which has been agreed upon between 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 Franchises account which is subject to this payment plan l
is $15,011.37 which represents all delinquent fees and charges owed by Franchises through June 30,
1998. This amount does not include any balances found pursuant to any future audit covering this period.
i_,» 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 will be
, ` " individually liable for all amounts due under the terms of this payment plan.
The payment plan will be as follows: A
l MONTHLY PAYMENT MONTHLY
DUE DATE PAYMENT AMOUNT I
June 30,1998 . l $1,000.00 - Received `
. July 30 -November 30, 1998 $2,500.00 + Current Fees
December 30, 1998 $1,511.37 + Current Fees
Ali monthly payments must be in our ofhce on or before the above—specified 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 oflice 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 fuil on or before the CENTURY 21 Cash Incentive Bonus issuance date
to be eligible to receive any CENTURY 21 Cash Incentive Bonus. , ‘
Please be reminded that in order for your CENTURY 21 Oftice to be in good standing Franchisee must
pay all obligations due under the Agreement including royalty fees, service fees, ad fees, franchise fees, ` I
miscellaneous invoices, andpromotiona! billings etc., in addition to the monthly installment as outlined in 1
the above plan. g _ A _ _ . . _ I
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n _ A Cendant Company A C21 — ! g
*7}*.1, Case 2:03-cv-02353-DGC Document 78-14 Filed O7/O7/2006 Pagr gel SI1 T
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t* t‘ ·i’!sa · l
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PX June so, 1998 i
gg j CENTURY 21 Assurance Realty page 2 ` .
With the return ofthe signed copy of this letter Franchises agrees, on behalf of itself, its partners,
ofhcers, employees, directors, shareholders and any Guarantor(s) ofthe Agreement, and the
successors and assigns of each of them, hereby release and hold harmless the Company, its
ofhcers, employees, agents, directors, shareholders, and the successors and assi_gns of all of _
them from any and all liability cost or expense, arising from any claims, or causes of action which i
Franchisee has or may have against Company under the Agreement as of this date hereof.
i
All PAYMENTS and correspondence should be sent via OVERNIGHT MAIL to the following: A ‘
CENTURY 21 Real Estate Corporation
A 10 Sylvan Way
_ Parsippany, NJ .07054 -
Attn: Charlene Martin
- )
Please acknowledge acceptance of this letter agreement by signing where indicated below and
returning one original to me with your payment
Very truly yours,
‘
_ · har ene
Franchise oll tions
Agreed to: -
"‘ CENTURY 21 surance Realty I
Y I n I
‘ By: ‘ l
Dary agh - Bro, r l
l Agreed to: -
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Mr. M la ividually _ — _
. · Attachments h ,,, _ _ i
cc: J. Wenz ,,
· C- Tcrian
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l C21-00172 l
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