Free Amended Complaint - District Court of California - California

Case 5:07-cv-04808-JF

Document 7-16

Filed 10/18/2007

Page 1 of 3

EXHIBIT 0 TO FIRST AMENDED COMPLAINT

Case 5:07-cv-04808-JF

Document 7-16

Filed 10/18/2007

Page 2 of 3

ò
September 12, 2007

Kristina Koltun
Real Estate Attorney BP America, Inc.
6 Centerpolnte Drive, LPR 6-543

La Palma, CA 90623-1066

Direct: 714-670-5311
Emall: kristlna.koltun~bp.com

VIA FACSIMILE (559) 432-56201CERTIFIED MAIL

John G. Michael BAKER MANOCK & JENSEN, PC

5260 North Palm, Suite 421 Fresno, CA 93704
Dear Mr. Michael:

As we have stated in our prior conversation, BP West Coast Products LLC ("BPWCP") properly terminated the am/pm Mini Market Agreement and Contract Dealer Gasoline Agreement dated July 11, 2006 (the "Agreements") for the reasons set forth in the September

6,2007 Notice of Termination. Furthermore, we disagree with your assertion that "STTN has
As I indicated in my September 7th em

provided all necessary documentation" to allow for the funding of the gas portion of the loan. ail to you, STTN has failed to provide any proof of

payment by STIN of any construction-related expenditures, nor the required back-up invoices
and lien releases, all of which are requirements of the Loan Documents.

To reiterate previous statements, even though BPWCP worked extensively to try to get your client's marketing facility up and operating, the current situation has been caused by your client's repeated violations of the Agreements, failure to provide necessary documentation and failure to cooperate with BPWCP's attempts to resolve the issues. Please be advised that STTN stil owes BPWCP $126,394.77 for outstanding gasoline product deliveries and must pay that back as well as the $150,000.00 outstanding store loan balance; both amounts are due immediately but no later than within 30 days of the Notice of Termination.
In addition, it has come to our attention that your client is currently selling fuel (non ARCO branded product) and operating the facility while stil displaying various BPWCP owned trade

dress and Marks. Please be advised that per the Agreements, STTN must immediately .
discontinue the use of all trade dress and Marks associated with BPWCP. Continued use of
these marks by your client has and wil cause confusion and increase damages to BPWCP. Please convey to your client that BPWCP intends to debrand the facility on September 14, 2007 at 8 am. If your client insists on prohibiting this debranding, BPWCP wil have no alternative than to seek court assistance in getting this done and will simultaneously seek its

damages.

252

Case 5:07-cv-04808-JF

Document 7-16

Filed 10/18/2007

Page 3 of 3

Please discuss the foregoing with your client and call the undersigned should you have any questions. Thank you.

Sincerely, W .
k~..$D~ kÆltc~
Kristina Koltun Real Estate Attorney BP America, Inc.

cc:

Elizabeth Atlee (via email) Stephen Lee (via email)

253