Case 5:07-cv-04808-JF
Document 48-2
Filed 07/03/2008
Page 1 of 38
EXHIBIT A
Case 5:07-cv-04808-JF
Document 48-2
Filed 07/03/2008
Page 2 of 38
5/4/2007
BP West Coas Products
4 Centerpinte Dr. La Palma, Ca. 90623
Mr. Tom Reeder:
We, Nazm Faquiran & Sayed Faquiryan, agree topayan additional $30,000.00 by certfied check payable to BPWCP on or before the 15th day
of each month begig June 20, 2007 until total sums of
balance due are
paid in full per BP credit dept.
These separate monthy payments will continue until all outstading balances due BPWCP, curently, $184,075.50 have been paid.
We fuer agree that our BPWCP account will not increase
in delinquent
amounts due. Sincerely,
~. ~¡7~'¡
Sayed Faquiryan "
cOA~
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Nazim Faquiryan
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s-- l--Zü67
WI TNEI5 -'
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BP 00593
5
Case 5:07-cv-04808-JF
Document 48-2
Filed 07/03/2008
Page 3 of 38
EXHIBIT B
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Document 48-2
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BP West Coast. . óducts LLC
4 Ccnterpointe Drve
La Palma, CA 90623- i 066
l
Mailing Address: Box 5077 Buena Park, CA 90622-5077
NOTICE OF DEFAULT
Facility Number 82461
o o
Certified Mail - Return Receipt Requested (7005 1160000040992107) Personal Delivery
STTN Enterprises Inc. 631 San Felipe Road Hollister, CA 95035
You are hereby notified that you are in defaultof your obligations under the terms and conditions of the foregoing
Agreement in effect on the date of the default between BP West Coast Products LLC, which Agreements relates to the business activity conducted by you at the address shown above.
Said default was observed on the date and at the approximate time shown below.
Title of Agreement:
~ ..-
Contract Dealer Gasoline Agreement
Violation of Articles/Sections:
Article/Section: 2 - Orders
Buyer wil order and make available for retail sale all grades of Gasoline which BPWCP offers to Buyer (hereinafter
collectively, "Producl), in amounts sufcient to satisfy all foreseeable retail customer demand for Product at the
Premises and will at all times have available for sale some of each grade of Product, subject only to allocation of
Product by BPWCP in a manner determined in BPWCP's sole discretion in Buyer's c¡eoqraphic area.
Details of Violation: (If applicable)
Franchisee refused to accept first ARCO c¡as load.
Date default was observed: October 11, 2006
Approximate TIme Default was observed: 11 :30 a.m.
By: Brad Christensen
Date Default to be cured:
You are hereby furter. notified to correct said default within the period specified by and in accordance with the provisions of the Agreement.
By:
cc: B. Christensen
DealerFile
BP01631
6
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5:07-cv-04808-JF
Document 48-2
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Filed 07/03/2008 Page 5 of 38 --',
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BP West Coast ~toducts LLC
4 Centerpinte Drve
La Palma, CA 90623-1066 Mailing Address: Box 5077 Buena Park. CA 90622-5077
NOTICE OF DEFAULT
Facility Number 82461
o o
Certified Mail- Return Receipt Requested (7005 1160000040992145)
Personal Delivery .
STTN Enterprises Inc. 631 San Felipe Road Hollister, CA 95035
.
You are hereby notified that you are in default of your obligations under the terms and conditions of the foregoing Agreement in effect on the date of the default between BP West Coast Products LLC, which Agreements relates to the business activity conducted by you at the address shown above.
Said default was observed on the date and at the approximate time shown below.
~~
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ntle of Agreement:
Contract Dealer Gasoline Aareement Violation of Articles/Sections:
Article/Section: 2 - Orders
Buyer wil order and make available for retail sale all grades of Gasoline which BPWCP offers to Buyer (hereinafter
collectively, 'Product", in amounts suffcient to satisfy all foreseeable retail customer demand for Product at the
Premises and wil at all times have available for sale some of each grade of Product, subject only to allocation of
Product by BPWCP in a manner determined in BPWCP's soJe discretion in Buyer's c¡eoqraphic area.
Details of Violation: (If applicable)
Franchisee refused to acceDt this momina's fuel deliverv.
Date default was observed: October 16, 2006
Approximate Time Default was observed: 6:00 a.m. By: Brad Christensen
Date Default to be cured: October 19, 2006
,,'
You are hereby further notified to correct said default within the period specified by and in accrdance with the provisions of the Agreement.
By:
cc: D. Strenk
B. Christensen Dealer File
BP 01630
7
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Case 5:07-cv-04808-JF
Document 48-2
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Filed 07/03/2008
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Page 6 of 38
BP West Coast Products LLC
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requested#: 7005 1160000040992541
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA . 95035
You are hereby notified Ihat you are In default of your obligations under the terms and condilions of the foregoing Agr~ents in eHect on the dale of the default between BP Wesl Coast Products LLC, which Agreeenls relates to the business acti~ily conduclod by you al Ihe address shown abo~e.
Sald Default was obsØfed on the date and at the approximate time shown beow.
Hie Of Agreement
Vioa
Contract Dealer Gasoline Agreement
lion of Articles/Setions:
~
System Manual: -
am/pm:
Descriplion:
Gas: 5, 6
..
Pay for products prior to their delivery in U.S. dollars.
Details of Vlolatlon: (if applicable)
Franchise did not have suffcient funds (NSF) available to pay for gas loads. Check was returned on 1IB/07.
Date Defauul to be cured;
January 08,2007
15:17:00
by: CHRISTENSN
January 30, 2007
You are hereby furthe noified 10 CDrrl said default wllhln the period spified by and In acordance with lhe proisions of Ihe Agreeent.
"w~~~
Document Number: 0249784
Dated this 23 day of January, 2007.
'" Tom Reede,. Reg;o~ge'
APPC-4-B-PC Version (9-941
cc: CHRISTENSN STRENK DEALER FILE
BP 01632
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Case 5:07-cv-04808-JF
Document 48-2
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BP West Coast Products LLC
Default Notice
~".
Facility Number: 82461
Certified Mail
Return Receipt Requested #: 7005 1160 0000 40992565
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035
You are hereby notiied that you are in default 01 your obligations under the tenns and conditions of the foregoing Agreemnts in effect on the date 01 the defaull between BP West Coast Products LlC. which Agreements relates to the business activity conducted by you at the address shown above.
Sald Delault was observed on the date and at the approxlmate time shown below.
i~iie 01 Agreement:
Contract Dealer Gasoline Agreement
Vioalio 01 Articles/Sections:
am/pm:
Description:
Gas: 5, 6
System Manual: .
--
Pay for products prior to their delivery in U.S. dollars.
Details ol Violatlon: (il applicable)
Failure to pay for fuel
loads.
Date Delauilio be cured:
January 26, 2007
20:42:00
by: CHRISTENSN
February 01, 2007
You are hereby lurther notified to correct said delault within the period spelfed by and in accordance with the provisions 01 the Agreeent.
"w.._~~~
Dated ¡his 29 d::~, ¿uu '. anua ,2007.
By:
Tom Reeder - Regional Sales Manager
cc: CHRISTENSN STRENK DEALER FILE
DoUment Number: 02487857
APPC-4-B.PC Version (8.94)
BP 01633
9
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Case 5:07-cv-04808-JF i
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Document 48-2
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Page 8 of 38
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BP West Coast Products LLC
Default Notice
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Facility Number: 82461
Certified Mail
Return Receipt Requested #:
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035
You are hereby notified that you are In delault 01 your obligations under the terms and conditions of the foregoing Agreements In effect on the date 01 the
default between BP Wesl Coast Producls LLC. which Agreements relates to the business activity conducted by you al the address shown above.
Said Default was obseed on the dale and at Ihe approximate tlme shown below.
Title 01 Agreement
Contract Dealer Gasoline Agreement
Gas: 5, 6
.~
System Manual:
VlOalion 01 Aricles/Seclions:
am/pm:
Description;
""..
Pay for products prior to their delivery in U.S. dollars.
Detalls ol Violation: (if applicablel
Franchisee is being defaulted for non payment of gasoline.
load was brought to the site and there was no Cashier's check available for load payment. Load was dropped anyway. On 2/6/07, Franchise Consultant (Brad Christensen made an agreement with Franchisee that Franchisee would put extra for $22K in with next delivery (paying a total of $44K). On the next delivery only one check was included in payment for $22,500 on 217/07. Refer to inv. #3022358998 and
Note: One 2/2/07, fuel
3022375842.
Date Defau to be cured:
February 15, 2007
10:27:00
by: CHRISTENSN
February 20, 2007
You are hereby lurther notified to corect said default withIn the peod speified by and In acordance with the provisions of the AgræL
U.S. Postal Service""
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By:
I"
omestic Mail Only; No Insurance Coverage 44RTIFIED MAIL,." RECEIPT Provided
Doument Number: 0241APPC-4-8-PC Version (1.11)
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1b P0 & Fe $
10
o Poo s o Ceec Fee o o All Rii Fe o (E~ Re) o R- De Fee .. rl (Ent FI
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OFFICIAL USE
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BP01636
Case 5:07-cv-04808-JF
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Document 48-2
Filed 07/03/2008
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Page 9 of 38
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BP West Coast Products LLC
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requested #: 7005 1160 0000 4099 2817
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035
You are hereb notifed that you are In default of your obligations the temms and conditions of the foregoing Agreeents In effect on the date of the under default between BP West Coast Prouct LLC, which Agreeents ",Iates to the business activity conducted by you at the addres shown above.
Sald Default was obsrved on the date and al the approxl",.te time shown below.
Contract Dealer Gasoline Agreement
Volatio 01 Aricles/Seti:
'"00 Of Agreeme~t:
~r
System Manual: .
am/pm:
Descripti:
Gas: 5, 6
Pay for products prior to their delivery in U.S. dollars.
Detalls of Vlolation: (if appUcable)
Failure to pay for gasoline. Franchisee's payment was returned due to non suffcient funds. Check #1220 returned due to Franchisee putting a stop payment,
Dae Defaii to be cu:
March 05, 2007
14:28:00
by: CHRISTENSN
March 22, 2007
You are hereby furthe noified 10 corr said defaull within the peod speified by and In accrdanc wit lhe prvisions of lhe Agret.
By:
Tom Reeder - Regional Sales Manager
~
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U.S. Postal Service".,
(Qomestlc Mail Only; No Insurance Cover "'.. Provide,
, '"
.- CERTiFIED MAIL:; RECEIII
qJ
nu
cc-
Document Numbe: 02489113
APPC--.B.PC Verion (IIIM)
or :: Po $ o Ce Fee o o Re1 Ro Fe o (E Requi) o -- Dø Fe .. (E ReqUI) ..- ToI Po & Fuu
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OFFICIAL.
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Case 5:07-cv-04808-JF
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Document 48-2
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Filed 07/03/2008
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Page 10 of 38
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BP West Coast Products lLC
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requested #: 7005 1160000040992817
STTN ENTERPRISES INC, 631 SAN FELIPE ROAD HOLLISTER, CA 95035
You are hereby notll1ed thaI you are in defaull of your obligations under the tenns and conditions of the foregoing Agreements In effect on the dale 01 the delault beee BP West Coast Proucts LLC, which Agreeents relales to the business acllvity conducted by you at the addre shown above.
Said Default was obsrved on the date and at the approximate time shown below.
Tit of Agreement
Contract Dealer Gasoline Agreement
Vioti of AriclesSeions:
o;
System Manual:-
~
am/pm:
Description:
Gas: 5, 6
Pay for products prior to their delivery in U.S. dollars.
Detalls of Vlolatlon: (If applicable)'
Failure to pay sums due on account as of 3/5/07. Amount due - $164,950.B1.
Doc. date Doc. no. Amount BOL Date SOL # Text
1/1/2007 3022056233 $21,078.93 12/31/06 0556080 returned on 1/08/07 due to stop payment
1/8/2007 3022120003 $20,859.48 11707 0559505 returned NSF on 1/16/07 1/14/20073022159335 $20,866.68 1/11/07 0561573 returned on 1/19&1/25 due to stop payment 1/15/2007
3022178299 $21,472.44 1/13/07 0562666 ¡nv. held per fc site has issues due to power outage 1/21/20073022213698 $20,938.66 1/19/20070565619 returned on 1/26/07 due to stop payment
SEE ATTACHMENT FOR MORE INFORMATION
Dale Defaul to be CUled:
January 30, 2007
14:28:00
by: CHRISTENSN
March 22, 2007
You arø hereby further notll1ød 10 corrt said default within the peod spell1ed by and In accordance with the prvisions of the Agrent:
"w~-~~ .
Dated this 15 ~:;u~ --- .,f March 20, 07.
~ ~
Doument Numbe: 0249116
Tom Reeder - Regional Sales Manager
cc: CHRISTENSN STRENK DEALER FILE
APPC-4-B.PC Ve",lon (9.94)
BP 01634
12
Case 5:07-cv-04808-JF
Document 48-2
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Page 11 of 38
date
Doc. no. Amount
BOL DateBOL #
Text
1124120073022253575 $20.836.93 1/23/2007 0567848 returned on 1/31/07 due to stop payment 1131120073022309234 $20,851.09 113012007 0571519ffrst COD invoice
check #1220 returned due to dlr putting stop payment
0573078 2/7/20073022375842 $21,897.50 2/7/2007 0575276 2/12/20073022414847 $21,252.22 2/10/2007 0576943
2/5/20073022358998 $21,338.16 2/2/2007
2/14/20073022432918 $21,084.27 2/19/20073022468658 $22,136.36 2/21/20073022487185 $21,563.53 2/25/20073022513117 $22,138.70 2/26/20073022525674 $22,167.59 3/4/20073022579291 $22,968.27
dlr gave driver $1,800 in cash - Scott Murdock converted to CCHK 2/14/20Q7 0578900 check not yet posted
.'
2/171007 0580700 check not yet posted 2/20/2007 0582187 check not yet posted 2/24/2007 0584166 check not yet posted 2/26/2007 0585118 check not yet posted 3/2/2007 0587337 check not yet posted
Total due bp:
$343.450.81
~ --
Net due bp:
$164,950.81
BP 01635
13
Case 5:07-cv-04808-JF
Document 48-2
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Page 12 of 38
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BP West Coast Products LLC
Default Notice
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Facility Number: 82461
Certified Mail
Return Receipt Requested #: 7005116000004106971
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035
You are hereby notißed that you are in default of your obligation. under the tenns and condition. of the foregoing Agreeents in effect on the date of the default between BP West Coast Products LLC. which Agreeents relates to the business activity conducted by you at the address shown above.
Sald Default was observed on the date and at the approxlmate tlme .hown below.
TIUe Of Agreement:
Contract Dealer Gasoline Agreement
Viotin of Aricles/Setions:
~~
am/pm:
Descriplion:
Gas: 15.1,17.1(k), Exh.A
System Manual: ---
Operate premises accordance with all applicable federal, state and local
laws (health,safety,etc.)
DetaJls of Violatlon: (if appplcable)
Failure to operate in accordance with laws.
Facility operator left fuel dispensing equipment turned on so customers
could pump gasoline without an employee
attendant present for safety measures, as prescribed by law. On Friday, March 30, 2007, at 6:16 a.m., a BP
employee witnessed and confirmed a fueling purchase when no employee was present on site. Facilty was
closed and customer could access PiC for fueling transaction. A PIC printed receipt was generated as evidence of fuel purchase. This facilty's dispensing permit does not allow for fueling, without a station employee present.
Cure date: Immediately
Date Defau~ to be cured:
March 30, 2007
06:16:00
by: CHRISTENSN
You are herby furthe notified to corr said deault within the period speified by and In accorda"" with the provisions of the Agreent.
Dated this 5 day of April, 2007.
BP West Co.t Prodts LLC
By:
cc: CHRISTENSN STRENK DEALER FILE
Doument Ni.be 02499914
APPC-4C Vers.lon (9-11)
BP 01638
14
Case 5:07-cv-04808-JF
Document 48-2
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Page 13 of 38
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BP West Coast Products LLC
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requested #: 70063450000038794174
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035
.
You are hereby notified that you are In delault 01 your obligations under the tems and conditions 01 the foregoing Agreeents In effect on the date 01 the delault beeen BP West Coast Producs LLC, which Agreeents relates to the business activty conducted by you at the address shown above.
Said Delault was obsered on the date and at the approximate tlme shown below.
TTõfgreement:
am/pm:
DescMptio:
Contract Dealer Gasoline Agreement
Gas: 2
Vioatio of Ars/Setions:
vSystem Manual:
--
Have all grades of motor fuels available for sale to the public
Dels ol Violatlon: (II applcble)
All motor fuels available. Failure to have all grades of Motor Fuels available for sale to the public. On 5/10 &
5/14/2007, Franchise Consultant, CMS, and Regional Sales Manager observed that no diesel fuel was available for customers.
Cure date: Immediately
Date DeI3I~ to be cured:
May 14, 2007
11:00:00
by: CHRISTENSN
You are hereb further notified to commt said default within the period speified by and In accordance with the provisions of the Agreeent.
By:
~\/
Tom Reeder - Regional Sales Manager
cc: CHRISTENSN STRENK DEALER FILE
Document Number: 02501379
, APPC-4B-PC Version (9.941
BP 01639
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Case 5:07-cv-04808-JF
Document 48-2
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Page 14 of 38
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BP West E:oast Products LLC
Default Notice
-. .
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Facility Number: 82461
Certified Mail
Return Receipt Requested #: 70070710000442363239
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035
You are hereby notifed that you are in defaL.lt of your abUgatlons under the terms and conditions af the lareQQIr~ Agreements in effect an lhe date of the
default between BP West Coast Products LLC, which Agr8Qments relaies to the business activity conduct~ by you ilt tho iddriss shown above.
Said Oefaull was observed on the date and at the approxlmate time shown below.
TiU. of Agr.ament
Non-Lessee. am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violation at ArdaSiSeons:
v
am/pm:
09Scr1pUon:
Gas: 2
System Manual: SeM
Have all grades of Motor Fuels available for sale to the public
Datalls 01 Vioiallon: (If applicabl.I
1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 $114,000.88. for delivered fuel Williams Fuel Delivery Drivers were not given cashiers checks, but had already dropped the fuel into STTN Inc.
tanks. 2. Insuffcient Wo¡1ing CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since August 17, 2007. 3. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available '. for sale to the public. Facility has not. sold gasoline any of the following days: Fri. 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27. Tues. 8/28
use by
No 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any
customers. FC hashad several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to my recommending he orderfuel. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (message left
Wp,n Al?al (', . 1 r1::" .
..
Oat.. 0el311 to be QJrad:
August 24, 2007
17:00:00
by: CHRISTENSN
You are h.raby !urlor noUfted to correc saki d.fault within the period speclf by and In acdanc wih tho proylSlOns of ti. Agr.emnL
Oaled iiis 31 day of August 007.
BP Wast Coat Proucc LLC
By:
Tom Reeder. Regional Sales Manager
~
cc: CHRISTENSN STRENK
DEALER FILE
Document Numer: 02504294
APPC-4-a-pc Veralon (9.94)
BP 03560
16
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Case 5:07-cv-04808-JF
Document 48-2
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Page 15 of 38
,)
sp. WesfCoast Products LLC
Default Notice
Certified Mail
~".
Facility Number: 82461
Return Receipt Requested #: 7007 07100004 42363246
STIN ENTERPRISES INC.
631 SAN FELIPE ROAD'
HOLLISTER, CA 95035
You 11(8 henby noUfied that you are in default of your obllgaUons under the term and conditions of the foregoing Agreements in itfict on the date of the default betWeen BP West Coast Products LLC. which Agre9menls relates 10 the business activity conducted by you at the address shown above.
Sald Default was observed on the date and al the approximale tlme shown below.
TiUe of AQeemnt:
Non-Lessee. am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violatton of Artcles/Sections:
~
am/pm:
Descnplion:
Gas: 2
System Manual: ~ec. 1
..
Have all grades of Motor Fuels available for sale to the public
Delails of VlolaUon: (II applicable)
1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc; owes 8P loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 $114,000.88. for delivered fuel Wiliams Fuel Delivery Drivers were not given cashiers checks, but had already dropped the fuel into STTN Inc.
tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since
August 17, 2007. 3. All Motor Fuels Available. PMPA 2. SYSMAN Sec.
1.. Have all grades of Motor Fuels available
for sale to the public. Facility has not sold gasoline any of the following days: Fri. 8/24, SaL 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28 No 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had several phone discussions infomming Sayed he is required to sell Arco FueL. Each conversation led to my recommending he order fueL. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (message left
, .
to be cured:
August 25, 2007
17:00:00
by: CHRISTENSN
You ere h..nby further natlfied ta corret said delault within the perlad specified by and In icconjanc..wih th.. provisions of the Avr..ment.
By:
Tom Reeder - RegionarSales Manager
~
cc: CHRISTENSN STRENK
DEALER FILE
bo,cument Number: 025042115,
APPC -40,B-PC Version (11-114)
BP 03561
17
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Case 5:07-cv-04808-JF
Document 48-2
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Page 16 of 38
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BP West Coast Products LLC
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Default Notice
Faciliy Number: 82461
Certified Mail
Return Receipt Requested #: 70070710000442363253
STIN ENTERPRISES INC.
631 SAN FELIPE ROAD
HOLLISTER, CA 95035
You are h~r.by noUrred thai you ilr. In defauU of your obligations under the terms ,¡nd conditions of 1he fongoing Agreements In ,lfeci on the datil of the default betWeen BP West Coast Products LLC. which AQreem8nts relates to the business actiity conducted by you at the address shown above.
Sald Default was observed on !.e date and 3t the approximate Ume shown below.
IIDe at Agreement
Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Vialaöon 01 ArteslSeC!ans:
v
am/pm:
Descpöon:
Gas: 2
System Manual: Se,ê.
Have all grades of Motor Fuels available for sale to the public
Deta"s of Violation: Ilf applicable,
1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Döllars. STTN, Inc. owes BP $114,000.88. for delivered fue/loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 , Willams Fuel Delivery Driver's were not given cashiers checks. but had already dropped the fuel into STTN Inc.
tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since . August 17 ,2007. 3. All Motor Fuels Available. 'PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the public. Facility has not sold gasoline any of the following days: Fri. 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28 . No 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to my recommending he order fueL. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (message left
W t. m it I . '
August 26, 2007
13:15:00
by: CHRISTENSN
, You are her~by furt nollfl to c:t said d.fault wwthln the panod .palfied by and In ac,orince with (he prvisions of the Agreement.
"W~"'"'''.''' ~
Dated thi* 31 day of Aug~r. 2007.
By:
~~
Torn Reeder - Regional Sales Manager
cc: CHRISTENSN STRENK
DEALER FILE
Document Number: 0250211
APPC44-8-P Version (9-84)
BP 03562
18
1
~ '~~ .~,.
Case 5:07-cv-04808-JF
Document 48-2
Filed 07/03/2008
Page 17 of 38
')
BP-WestCoast Products LLC
)
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requosted #: 7007 0710 000442363260 .
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035
You are hereby notified that you are In default of your obUgalions under the terms and conditions of the foregoing Agreements In IIHect on the dace at the
defauut between BP West Coast Products LLC, which Agreements relales to the business activity conduct9d by you at the address shown above.
Sald Default was obsørved on the date and at the approxlmate Uine shown below.
Tie at Agreement
Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Vlolali of An;cleslSllon.:
v
am/pm:
Oosapöon:
Gas: 2
System Manual: ~ 1
Have all grades of Motor Fuels available for sale to the public
. ,
001.11. 01 Violallon: (II applicable)
1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 Wiliams Fuel Delivery Drivets were not given cashiers checks, but had already dropped the fuel intoSTTN Inc.
$114,000.88. for delivered fuel
tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since available August 17, 2007 .3.AJI 'Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels
for sale to the public. Facility has not sold gasoline any of the following days: '
Fri. 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28
cautioned taped off from any use by customers. FC has had several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to my recommending he order fueL. Talked Thursday 8/23, Fri. 8/24, Mon. 8i27. (message left
No 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are
.,
mm i I
.'.'"''
August 27,2007
17:00:00
by: CHRISTENSN
'..-, . '. ,t.'
You ore her.by furt notifi 10 cOlecl .ald d.lault within Ih. perio Splltf&d by 8nd In accordanc. with th. provisions 01 lhe Agr..""nt.
. 2007.
By:
Tom Reeder. Regional Sales Manager
~.
cc: CHRISTENSN STRENK
DEALER FILE
Documnl Number: 02504297
APPC~-a-4C version (9.!1)
BP 03563
19
Case 5:07-cv-04808-JF
1
~ ,~~ '~".
)
Document 48-2
Filed 07/03/2008
,
Page 18 of 38
BP West.
Coast Products LLC
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requested #: 7007 0710 000442363277 '
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035
You are hereby nollfied that you are in default of your abligaUons under the terms and conditions of the foregoing Agreements In øHect on Ihe date of thll d.'ault between BP West Coast Products LLC. whlch Agreements relates to Ihe builness activity conducted by you at the address shown above.
Sald O.fault was observed an Ihe date iind iit the approximate tlme shown below.
IUe 0 Agrement
Non-Lessee. am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violation of ArdfJslSecons~
..~
Gas: 2
am/pm:
Descrption:
System Manual: s' 1
Have all grades of Motor Fuels available for sale to the public
Details of Vlol;Uon: (If applicable I
1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. .Dollars. STTN; Inc. owes BP loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 $114,000.88. for delivered fuel Wiliams Fuel Delivery Driver's were not given cashiers checks, but had already dropped the fuel into STTN Inc. '
tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gas.
inventory. He has not purchased ARCO Branded Motor Fuel on any day since
August 17, 2007. 3. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available
for sale to the public. Facility has notsold gasoline any of the following days: Fri. 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28
No 87,89,91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from
any use by
customers. FC has had several phone discussions informing Sayed he is n~quired to sell Arco FueL. Each conversation led to my recommending he order fueL. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (message left
W 2. r t. 1m' t I
. August
28, 2007
17:00:00
by: CHRISTENSN
You ar. hereby furt noUn.d to cornet said default wwthln - period spaclfied by and In accordance wwlh,the prvisions of the Aguemenl.
, 2007.
By:
Tom Reeder. Regional Sales Manager
~
cc: CHRISTENSN STRENK DEALER FILE
Document Number: 02504298
APPC-4-a-pC Version (9.94/
BP 03564
20
Case 5:07-cv-04808-JF
i
-- ~~
'" ,.
î
Document 48-2
Filed 07/03/2008
Page 19 of 38
BP West Coast Products LLC
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requested #: 7007 0710 0004 4236 3284
STTN ENTERPRISES INC. 631 SAN .FELIPE ROAD HOLLISTER, CA 95035
You are hereby noûfied that you are in defauH or your obligations under Ih8.t8rms and conditions oC the forigo'ing Agreements in eHecl on the dale of the
default between 8P West Coast Products Ll.C, which AgreQl'nlS relates to the business activity conducted by you at the addrøss shawn above. .
S;;ld Default waS obsQrved on the date and al the approximate tlme shown below.
nUe 01 Agraamant
Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violaöon ot ArtesSectons:
am/pm:
Oescnption:
~
Gas: 2
System Manual: Sei:
Have all grades of Motor Fuels available for sale to the public
Detaii. ot Vlolallon: (If appllcabla,
1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 $114,000.88. for delivered fuel Willams Fuel Delivery Driver's were not given cashiers checks, but had already dropped the fuel into STTN Inc. .
tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gas inventory, He has not purchased ARCOBranded Motor Fuel on any day since August 17, 2007. 3. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the public. Facility has not sold gasoline any of the following days: Fri. 8/24, Sat. 8/25. Sun. 8/26, Mon. 8/27, Tues. 8/28 No 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to my recommending he order fueL. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (message left
August 29, 2007
16:30:00
by: CHRISTENSN
You ora herety furtr notied to correct .ald default within the peiod .palfl by aoo In accodance wit Ihe provision. 01 tha Agreemant
Dated 1m. 31 day of AUQ.ust, 2007.
BP Wasl Coasl Proucts LLQ'
By:
Tom
\/~~
. C-- ) "
Reeder . Regional Sales Manager
cc: CHRISTENSN STRENK .
DEALER FILE
Document Number: 02504299
APPC-40---PC V.rslon (1-i)
BP 03565
21
1
-,~~
"'~
Case 5:07-cv-04808-JF
'\
Document 48-2
Filed 07/03/2008
Page 20 of 38
)
Default Notice
BP West Coast Products LLC
Facility Number: 82461
Certified Mail
Retum Receipt Requested #: 70070710 000442363291
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035
You are hereby notified that you are in default of your obligations under the terms and conditions of the foregoing Agreements in øffeet on the date of the default between BP West Coasl Products LLC. which Agreements relates to the business actlvlty conductlid by you at the addr9ss shown above.
Said Default was abseNsd on the date and at the approxlmate tlme shown below.
Ti!e of Agreeent:
Non-Lessee. am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violation of Artes/Sectons:
am/pm:
Oesaptin:
Gas: 2
System Manual: SeC'
~
Have all grades of Motor Fuels available for sale to the public
Oelail. of IIlolalion: lif appllcablet
1. Pay for gasoline. PMPA 6. Gasoline must be paid for ,at time of delivery in U.S. Dollars. STIN, Inc. owes BP
$114,000.88. for delivered fuel loads. STIN. Inc. put bank Stop Payments on 4 multiple fuel invoices
,and 2
Williams Fuel Delivery Driver's were not given cashiers checks, but had already dropped the fuel into STTN ,Inc.
tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not haiie enough money. He cannot
gather enough fund to pay August 17,200.7.3, All,
for sale to the public. Facilty has not sold gasoline any of the following days: .
Fri. 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28 '
No 87, 89, 91 , or Diesel fuel sales since nig ht of 8123107. All dispensers are cautioned taped off from any use by
customers. FC has had several phone discussions informing Sayed he is required to sell conversation led to my recommending he order fueL. Talked Thursday 8/23, Fri. 8/24, Mon.
Motor Fuels Available. PMPA 2. SYSMAN Sec. 1, Have
for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since all grades of Motor Fuels available
Arco FueL. Each
8127. (message left
,August 30, 2007
17:00:00
by: CHRISTENSN
',-
.. ..'
You are hereby funhor noUfled 10 corec said default wihin the period specifi by and In accordance will Ihe provi.lon. ollh Agreent
::w~'~"'~~~~ ~
Oaled thl. 31 day of August, 2007.
Tom Reeder - Regional Sales Manager
cc: CHRISTENSN . STRENK DEALER FILE
O""umeni Number. 025043 APPC-4-8-PC lIerslon 19.94)
BP 03566
22
1
-~~. '~~
Case 5:07-cv-04808-JF
Document 48-2
Filed 07/03/2008
()
a-P West Coast Products LLC
,
Page 21 of 38
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requested #: 7007 0710 0004 4236 334S
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035
You are herøby notiftød that you arø in default of your obligations under the terms and conditions 01 the foregoing Agrevmenis in øHøct on the date of the default berween 8P West Coast Products LLC. which Agreements relates 10 the business activity conducted by you ai. the address shown abovii,
Said Default was observed on the date and at the approximate tlme shown below.
TiUe of Agreement
Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Vlalaban of Ar1idesiSecUans:
am/pm:
Description:
(r
Gas: 2
System Manual: se. 1
Have all grades of Motor Fuels available for sale to the public
Oetails of Violation: applicable) (II
1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP $114,000.88. for delivered fuel loads. STTN Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 Williams Fuel Delivery Driver's were not given cashiers checks. but had already dropped the fuel into STTN Inc.
tanks.
2. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the
public. Facility has not sold required gallons of gasoline any of the following days: Friday. 8/31/07. No. 8.7, 89, 91.
or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to FC recommending he orders fueL. Talked Thursday 8/23. Fri. 8/24. Mon. 8/27. (message left Wed. 8/29).
Cure date: Immediately
Dale Default was observed:
Ap'proximate Time Derault was obseived:
Dalf oerault to be cured:
August 31, 2007
18:30:00
by: CHRISTENSN
You are heteby further notlfed to correct saki default wUhln 'he period specified by ;and In accordance with the provisions 01 thi Agreement.
By:
Tom Reeder - Regional Sales Manager
~
cc: CHRISTENSN STRENK
DEALER FILE
Docume"i Number: 02504405
APPC-40-S-PC Version l9-~)
BP 03567
23
1
i
--
Case 5:07-cv-04808-JF
Document 48-2
Filed 07/03/2008
Page 22 of 38
, ",--
BP West Coast Products LLC
~~
Facility Number: 82461
Certified Mail
Default Notice
Return Receipt Requested #: 7007 0710 000442363352
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035
You are hereby notified that you ~r8 In default of your obligations under the terms and condrtions of the foregoing Agreements In eHect on the date at the
dgfaull between BP West Coòlst Products LLC, which Agreements rQlatøs to the business activity conducted by you ilt the address shown above.
Said Default was observed on the date and at the approximate time shown below.
Ii~e Q/ Agrement
Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Viooation of AriclesiSeclions:
am/pm;
Oescrp~on:
~~
Gas: 2
System Manual: sir
Have all grades of Motor Fuels available for sale to the public
Details of Vlol.tion: (it .ppllc.ble)
1. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the public. Facility continues to operate without Diesel Fuel Sales since 8/2/20'07. STTN Inc. continues to operate the facility without fuel sales to Arco customers for 13 days. Termination is possible without fuel sales for any 7 day period. Effective today 9/4/07 facility has not sold required gallons of gasoline any of the following days: No fuel grades 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had multiple phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to FC recommending he order fueL. FC explained this default directly to Sayed on Thurs
8/23, Fri. 8/24, Mon. 8/27, Tues 8/28, Thur 8/29, Fri 8/30, Sat 9/1, Tues 9/4. On Fri 8/30 RSM convened a
conference call with Sayed and FC to confirm and clarify Sayed was, again, aware of his continued violation of BP
Agreements,
~iirp rl::tA' ImmpdiatRlv
~
Dale Oelaull to be cured:
September 01, 2007
12:00:00
by: CHRISTENSN
You are hereby furthlH notified to C0I8Ct i.aid default within the p4rid speified by and In accordance with the provlslons of the AgreemenL
Deled ;iIs 4 day of September, 2007.
::.%"'~'''~ ~
Tom Reeder - Regional Sales'
Manager
cc: CHRISTENSN STRENK
DEALER FILE
Documnt Number: 0250408
APPC-4.a.fC Version (9.94)
BP 03568
24
-1
i
Case 5:07-cv-04808-JF
Document 48-2
Filed 07/03/2008
Page 23 of 38
, ~~. ~,.
.-
BP Wes.tCoast Products LLC
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requested #: 7007 0710 000442363369-
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035
Yau are hereby notified that you are in defauH 0' your obligations under the terms and conditions of the foregoing Agreements in eHecl on the dale of the default between BP West Coast Products LLC, which Agreemonls relatgs to the buslnoss 3ctlvlty conducted by you at the address shown above.
Said Default was observed an"lhl date and õU the approximate tlme shown below.
Ti~e 01 Agreemet:
Non-Lessee - am/pm Mini Market Agreement. Contract Dealer Gasoline AQreement
Viola~on of ArtclBSSecttons:
amlpm;
Oescrptton:
(.~
Gas; :2
System Manual: ~.1
Have all grades of Motor Fuels available for sale to the public
Details of Violation: (if applicable)
1. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the
public. Facilty continues to operate without Diesel Fuel Sales since 8/2/2007. STTN Inc. continues to operate the
facility without fuel sales to Arco customers for 13 days. Termination is possible without fuel sales for any 7 day
period. Effective today 9/4/07 facilty has not sold required gallons of gasoline any of the following days: No fuel
grades 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had multiple phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to my recommending he order fueL. FC explained this default directly to Sayed on Thurs 8/23, Fri.
8/24, Mon. 8/27, Tues 8/28. Thur 8/29, Fri 8/30, Sat 9/1, Tues 9/4. On Fri 8/30 RSM convened a conference call
with Sayed and FC to confirm and clarify Sayed was, again, aware of his continued violation of BP Agreements.
Cure date: Immediately
Daie Oelaull was obS'ea:
Approximate Time Defaull was obsered:
Date Default to be cur:
September 02, 2007
12:00:00
by: CHRISTENSN
You are heroby furth", noilled 10 co.,ecisaid delauK within the p..lod apecilld by and in accordanc. with tho provisions 01 tho AgreenL
:w~'~~,.~~ ~
Dei.d this 4 day of ~g7r, 2007. .
Tom Reeder - Regional Sales Manager
cc: CHRISTENSN STRENK
DEALER FILE
Documenl Numbe" 02504409
APPC-40-8.PC Version (9-94)
BP 03569
25
1
\ i
/
Case 5:07-cv-04808-JF
Document 48-2
Filed 07/03/2008
Page 24 of 38
.. ~
BP We.st Coast Products LLC
Default Notice
~~
Facility Number: 82461
Certified Mail
Return Receipt Requested #: 7007 0710000442363383
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035
You 3re hereby notified that you arB In delaull of your obligations under the t.rms and conditions of the foregoing Agreements in eHeel on the date of the
default between BP West Coast Products LLC, which Agreements ,elaies 10 the business activity conductad by you at the address shown abo"q.
Solid aefault wes observed on the date and at the approximate time shown below.
Non-Lessee. am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violatin of Artcles/Secrjoos:
ii.ae 01 Agreement:
v
am/pm:
O..ctp~on:
Gas: 2
Syst'em Manual:"Sc. 1
Have all grades of Motor Fuels available for sale to the public
Details of Violation: (if applicable)
1. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all'grades of Motor Fuels available for sale to the
public. Facility continues to operate without Diesel Fuel Sales since 8/212007. STTN Inc. continues to operate the
facility without fuel sales to Arco customers for 13 days. Termination is possible without fuel sales for any 7 day period. Effective today 9/4/07 facility has not sold required gallons of gasoline any of the following days: No fuel grades 87, 89. 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had multiple phone discussions informing Sayed hersrequired to sell Arco FueL. Each conversation led to my recommending he order fueL. FC explained this default directly to Sayed on Thurs 8/23, Fri.
8/24, Mon. 8/27, Tues 8/28, Thur 8/29, Fri 8/30, Sat 9/1, rues 9/4. On Fri 8/30 RSM convened a conference call
with Sayed and FC to confirm and clarify Sayed was, again. aware of his continued violation of BP Agreements.
Cure date: Immediately
Data Oefaull was obs""ed:
Apl:rOximat9 ime Ofault was observed: "
Date OefaulllD be cured:
September 03, 2007
12:00:00
by: CHRISTENSN
You ir. hereby furter ""lined to cOfect said default wiin the perio specified by ind In iccordence with the provisions of the Agreement.
OIled this 4 day of September, 2007..BP West Cost Product LLC . .. !
'\\/1\ør~.~
cc: CHRISTENSN STRENK
DEALER FILE
By:
Tom Reeder - Regional Sales Manager
Document Number: 02504410
APPC-4-B-PC Version (9.94)
BP 03570
26
Case 5:07-cv-04808-JF
1i
~ ~~. '~,.
Document 48-2
Filed 07/03/2008
Page 25 of 38
')
BE West- çoast Products LLC
)
Default Notice
Facility Number: 82461
Certified Mail
Return Receipt Requested #:
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035
You ar. hereby notified (hat you are in defauU of yaUl obligations under the terms and conditions of the foregQi~g Agreements in eHect on the date of the
default between BP West Coast Products LLC, which Agreements relates to the business activity conducted by you at Ihi address shown above.
Sakt a.fault was observed on the date and at the approxlmate tlme shawn below.
TIde 01 Agreement '
VVol~on 01 ArtdesSedions:
Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
~
am/pm:
D86crp~on:
Gas: 2
System Manual: ~ec. 1
..
Have all grades Df Motor Fuels available for sale to the public
DoLails al Vlai.tlon: (ihppllc.blo)
1. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the
public. Facilty continues to operate without Diesel Fuel Sales since 8/2/2007. STTN Inc. continues to operate the for 13 days. Termination is possible without fuel sales for any 7 day facility without fuel sales to Aree customers
period. Effective today 9/4/07 facility has not sold required gallons of gasoline any of the following days: No fuel grades 87, 89, 91 , or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use , by customers. FC has had multiple phone discussions informing Sayed he is required to sell Aree FueL. Each eenversation led to my reeemmending he order fueL. FC explained this default directly to Sayed on Thurs8/23, Fri.
8/24, Mon. 8/27, rues 8/28, Thur 8/29, Fri 8/30, Sat 9/1, Tues 9/4. On Fri 8/30 RSM convened a conference call
with Sayed and FC to confirm and clarify Sayed was, again, aware of his continued violation of BP Agreements.
Cure date: .Immediately
Date DeFult was obse:
Apprxim;ie Time Delaun was observed:
Dal. Defult 10 be cure:
September 04, 2007
12:00:00
by: CHRISTENSN
You ore heeby furher notfled to car said d.'.ul! wlth'in U.e peio s¡Mtfed by '00 In IcCO.nce with the prvisions 01 th Agr..ment
U.s. Postal Service Tr
Dat..ÚhIS 5 day of September, 2007.
BP West Coasi Prouct LLC '
IT IT
By: .
.. C' .. IT
CERTIFIED MAIL,.1 RECEIP
(Domestic Mail Onfy; No fnsurance Covers. .. , .' ., .
I
. vided)
0
F F
I
$'
C
I
A L
U
S E
Pos.i1
H8f
Oocumen! Number: 02S04S
APPC..~''C Version (9'MI
Pa.ia ru ~ Canlfle Fee ~ o . Retum RlI F.. o o (Endormet Reuire) R..lrIed Deery Fe o (Enra Reqire) i"
C' C'
o
Tooii Paetage.& F_.
$
10
g ~iñi~--'--"-'--""------"---------------'-'-------"-'-'----_._-------.
C' or PO So No.
ëí,y;siåië:zli:-----"--"--------------------'----'-' ----.-.._-----_..- - - ----
27
BP 03571
Case 5:07-cv-04808-JF
Document 48-2
Filed 07/03/2008
Page 26 of 38
EXHIBIT C
o
Case 5:07-cv-04808-JF
bp
Document 48-2
Filed 07/03/2008
Page 27 of 38
~.:'~ ""', '" ,;;.~
"i.."
..~,~
bp West Coast Products LLC
4 Centerpointe.Drive LaPalma, CA 90623
September 6, 2007
HAND DELIVERY AND CERTIFIED MAIL RETURN RECEIPT REQUESTED
#7007 0710 0004 4233 2815
STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035
Re:
Facility No. 82461
NOTICE OF TERMINATION
You are currently a party to an am/pm Mini Market Agreement and Contract Dealer
Gasoline Agreement both dated July 11, 2006 and various related agreements (the
"Agreement"), with BP West Coast Products LLC ("BPWCP"), concerning the above
facility I~cated at 631 San Felipe Road, Hollster, CA. (the "Facility").
Please take notice that the Agreements and the am/pm mini market and the petroleum
franchise created thereunder shall terminate immediately for the reasons set forth
below:
You have failed to have any gasoline products available for sale to the motoring public
for at least 7 consecutive days. In fact, the Facility has not sold gasoline since the
e,vening of August 23rd and your dispensershàvè pêen cautioned taped off from any use. by customers. You have been sent a totalpf'twelve(12) defaults for failure to offer all of gasoline for sale. Although the pér10d tö cure the defaults has passed, as of grades
today, none of the defaults have been cured.
Under these circumstances it would not be reasonable for BPWCP to furnish notification of 90 days prior to the date of termination because òf the risk of confusion to the public as well as possible safety risks.
In addition, you have failed to timely pay BP for gasoline products in a timely manner.
You currently have an outstanding balance of $126,394.77 for gasoline product
deliveries that are due and payable at the time of delivery. Your payment history reflects numerous returned items that were "bounced" by your bank for non-suffcient funds. You are also re~ponsible for any outstanding royalty charges due and payable to BPWCP.
Section 17.1 of the Agreement provides for termination of that Agreement upon the occurrence of the following triggering events: '
(a) Buyer fails to exert good faith efforts to carry out the provisions of the
Agreement following written notice and opportunity to cure;'
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(h) Buyer fails to timely pay all sums due to which BPWCP is legally entitled;
(i) Buyer fails to operate the Premises for seven (7) consecutive calendar days, or lesser period, which constitutes an unreasonable period of time.
(0) Buyer breaches any material provision of this Agreement, including without limitation, "Buyer's failure to order and make available for sale quantities of each grade of Product which are sufficient to satisfy foreseeable customer demand."
Furthermore, the above stated conduct constitutes grounds for termination of the am/pm Mini Market Agreement and franchise. The relevant provision providing for termination
is Article 18.05, "In case of Concurrent Operations at the Premises, BPWCP may
terminate this Agreement upon termination of anyone other franchise agreement."
Article 19.01 (d) of the am/pm Mini Market Agreement provides: "Operator shall pay to BPWCP at the time of termination, as liquidated damages and not as a penalty, the greater of (a) the total minimum royalty fee which would have been payable under the Agreement from the date of termination of the Agreement through the end of the term provided for in the Agreement; or (b) for each month from the date of termination of the
Agreement through the end of the term provided in the Agreement, the actual average
royalty fee paid but not less than the minimum royalty fee for any months that the Store
was operational prior to the termination of the Agreement." The amount owed to
BPWCP is $235,000.00. This sum shall be immediately due and payable. You shall also be held answerable for all other damages due BPWCP under the Agreements and
applicable law.
In addition, you are a party to certain loan agreements (the "Loan Agreements"). As of September 5, 2007, there remains an outstanding balance on the Loan Agreements of $150,000.00. The termination of the Agreements is an Event of Default under the Loan' Agreements. The Loan Agreements require that you repay the outstanding balance of: . the Loans within 30 days of the occurrence of an Event of Default. "'he termination of
the Agreements is an Event of Default. .
YOU ARE HEREBY NOTIFIED THAT YOU ARE OBLIGATED TO PAY THE FULL AMOUNT OF THE UNPAID LOANS WITHIN 30 DAYS OF THE TERMINATION OF THE AGREEMENTS.
These are all provisions that are both reasonable and of material significance to the franchise relationship. In addition, failing to offer any gasoline for salè and failure to pay sums due under the Petroleum Marketing Practices Act ("PMPA"), 15 U.S.C. §2801 et seq., specifically, §2802(b)(2)(C) and (c)(9).n. A Summary Statement of the PMPA is attached to this Notice. '
Additional provisions of the PMPA relevant to this termination are: 1) failure by the franchisee to comply wit.h a provision of the franchise, which is both reasonable and
material significance to the franchise relationship (§2802(b)(2)(A)); and 2) occurrence
of
an . event which is relevant to the franchise relationship and as a result of which
,termination of the franchise relationship is reasonable (§2802(b)(2)(C)), specifically, . failure by the franchisee to pay to the franchisor in a timely manne~ when due all sums
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to which the franchisor is legally entitled. As well as your failure to operate the'
marketing premises for 7 consecutive days, or a shorter period of time which, taking in
to account facts and circumstances, amounts to an unreasonable time not to operate,
are enumerated events forming the basis for termination under §2802(b)(2)(C).
Accordingly, upon the above-stated effective date of this Notice of Termination, you are
to cease sellng ARCO-branded gasoline and cease using the ARCO names,
trademarks, or trade names and cease holding yourself out as an authorized dealer of
ARCO-branded motor fuel at the facility. You wil be required to comply with the
procedures on expiration or termination described the Agreements. Furthermore, you are required to permit BPWCP to enter upon the premises to remove or de-identify all of ARCO's trademarks and property at the premises. You must also return to BPWCP all
materials bearing ARCO service marks or trademarks. You must pay BPWCP any
sums due and owing to BPWCP as a result of your operation of the Facility.
By giving this Notice of Termination, BPWCP neither waives nor surrenders any of its
rights under the Agreements or at law, including but not limited to: (1) its right to
advance the effective date of the termination for similar or dissimilar acts or conduct constituting a breach of the Agreements or other legal grounds for such action; (2) its rights to provide by supplementary notice that the termination set for the above date
also be based on other grounds; and (3) its rights to receive any sums due and owing to BPWCP. Such sums should be forwarded to BPWCP upon their due date.
B~,::~~:~d~
.."
By' "', . ~
Facility File
, Thomas Reeder 'Regional Sales Manager
cc:
Brad Christensen
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Page I
FEDERAL REGISTER Vol. 61, No. 123 Notices
DEPARTMENT OF ENERGY (DOE)
Revised Swrry of Title I of the Petroleum Marketing Practices Act
61 FR 32786
DATE: Tuesday, June 25, 1996
ACTION: Notice.
---------------------------------------------------------------------- To view the next page, tye .np* TRANSMIT.
To view a specific page, transmit p* and the page number, e.g. p*l
------ ----------- ------------------------------------------------------------- ( * 3 2786)
SUMMARY: This notice contains a sumary of Title I of
the Petroleum Marketing Practices Act, as amended (the
Act). The Petroleum Marketing Practices Act was originally enacted on June 19, 1978, and was amended by the Petroleum Marketing Practices Act Amendments of 1994, enacted on October 19, 1994. On August 30, 1978, the
Departent of Energy published in the Federal Register a sunary of the provisions of Title I of the 1978 law, as
required by the Act. The Departent is publishing ths revised summary to reflect key changes made by the 1994
amendments.
The Act is intended to protect franchised distrbutors and retailers of gasoline and diesel motor fuel against
arbitrary or discriminatory teimnation or nonrenewal of franchises. This summary describes the reasons for which a
franchise may be temùnated or not renewed under the law, the responsibilities of franchisors, and the remedies and
relief available to franchisees. The Act requires franchisors to give franchisees copies of the summary contained in this notice whenever notification of tennnation or nonrenewal of a franchise is given.
FOR FURTHER INFORMATION CONTACT: Carmen Difiglio, Offce of Energy Efficiency, Alternative Fuels,
and Oil Analysis (PO-62), U.S. Department of Energy, Washington, D.C. 20585, Telephone (202) 586-4444;
Lawrence Leiken, Office of General Counsel (GC-73), U.S. Departent of Energy, Washington, D.C. 20585,
Telephone (202) 586-6978.
SUPPLEMENTARY INFORMATION: Title I of the Petroleum Marketig Practices Act, as amended, 15 u.s. C §§
2801-2806, provides for the protection of franchised distrbutors and retailers of motor fuel by establishing minium Federal standards governg the tennation of franchises and the nonrenewal of franchise relationships by the
franchisor or distrbutor of such fueL.
Section 104(d)(1) of the Act required the Secretary of Energy to publish in the Federal Register a simple and concise summary of the provisions of Title I, including a statement of the respective (*32787) responsjbilities of,
and the remedies and relief available to, franchisors and franchisees under that title. The Department published this
summary in the Federal Register on August 30, 1978.43 F.R. 38743(1978).
In 1994 the Congress enacted the Petroleum Marketing Practices Act Amendments to affirm and clarify certain key
provisions of the 1978 statute. Among the key issues addressed in the 1994 amendments are: (1) termation or
nonrenewal of franchised dealers by their franchisors for purposes of conversion to "company" operation; (2)
application of state
law; (3) the rights and obligations of franchisors and franchisees in third-part lease sitiations; .
and (4) waiver of rights limitations. See H.R. REP. NO. 737, 103rd Cong., 2nd Sess. 2 (1994), reprinted in 1994 U.S.C.C.A.N. 2780. Congress intended to: (1) make explicit that upon renewal a franchisor may not insist on changes to a franchise agreement where the purpose of such changes is to prevent renewal in order to convert a
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franchisee-operated service station into a company~operated service station; (2) make clear that where the franchisor has an option to continue the lease or to purchase the premises but does not wish to do so, the franchisor must offer to assign the option to the franchisee; (3) make clear that no franchisor may require, as a condition of entering or
renewing a franchise agreement, that a franchisee waive any rights under the Petroleum Marketing Practices Act, any other Federal law, or any state law; and (4) reconfrm the limted scope of Federal preemption under the Act. Id.
The summary which fol1ows reflects key changes to the statute resulting from the 1994 amendments. The Act requires franchisors to give copies of this summry statement to their franchisees when enterig into an agreement to
termnate the franchise or not to renew the franchise relationship, and when giving notification of termnation or nomenewal. This summary does not purport to interpret the Act, as amended, or to create new legal rights.
In addition to the sumary of the provisions of Title I, a more detailed descriptiOli. of the definitions contained in
the Act and of the legal remedies available to franchisees is also included in this notice, fol1owing the summary statement.
Summary of Legal Rights of Motor Fuel Franchisees
This is a summary of the franchise protection provisions of the Federal Petroleum Marketing Practices Act, as
amended in 1994 (the Act), 15 U.S.c. §§ 2801-2806. This summry must be given to you, as a person holding a
franchise for the sale, consigment or distribution of gasoline or diesel motor fuel, in connection with any
termnation or nomenewal of your franchise by your franchising company (referred to in this summary as your
supplier).
You should read this summry carefully, and refer to the Act if necessary, to determne whether a proposed
termnation or nomenewal of your franchise is lawful, and what legal remedies are available to you if you th the
proposed termnation or failure to renew is not lawfuL. In addition, if you th your supplier has failed to comply
with the Act, you may wish to consult an attorney in order to enforce your legal rights.
variety of franchise agreements. The term "franchise" is The franchise protection provisions of the Act apply to a broadly defined as a license to use a motor fuel trademark which is owned or controlled by a refiner, and it includes
secondary arrangements such as leases of real propert and motor fuel supply agreements which have existed
continuously since May 15, 1973, regardless of a subsequent withdrawal of a trademark. Thus, if you have lost the use of a trademark previously granted by your supplier but have continued to receive motor fuel supplies through a . continuation of a supply agreement with your supplier, you are protected under the Act.
Any issue arising under your franchise which is not governed by this Act will be governed by the law of the State your franchise is located. business of
in which the principal place of
Although a State may specify the term and conditions under which your franchise may be transferred upon the death of the franchisee, it may not require a payment to you (the franchisee) for the goodwill of a franchise upon termnation or nomenewal.
The Act is intended to protect you, whether you are a distributor or a retailer, from arbitrary or discriminatory
termnation or nomenewal of your franchise agreement. To accomplish this, the Act first lists the reasons for which termnation or nomenewal is permtted. Any notice of tennnation or nonrenewa1 must state the precise reason, as listed in the Act, for which the particular tennnation or nonrenewal is being made. These reasons are described below under the headings "Reasons for Termation" and "Reasons for Nonrenewal."
The Act also requires your supplier to give you a written notice of termation or intention not to renew the
periods. These requirements are summarized below under the heading "Notice Requirements for Termation or Nonren,ewal."
franchise within certain time .
The Act also provides certain spec.ial requirements with regard to trial and interim franchise agreements, which are'
described below under the heading "Trial and Interim Franchises." . '.
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The Act gives you certain legal rights if your supplier termnates or does not renew your fninchise in a way that is not permtted by the Act. These legal rights are described below under the heading "Your Legal Rights."
are described under the heading "Waiver of
The Act contains provisions pertaining to waiver of franchisee rights and applicable State law. These provisions Rights and Applicable State Law."
This summary is intended as a simple and concise description of the general nature of your rights under the Act.
For a more detailed description of these rights, you should read the text of the Petroleum Marketing Practices Act, as
amended in 1994 (15 U.s.e. §§ 2801-2806). This summry does not purport to interpret the Act, as amended, or to create new legal rights.
i. Reasons for Termnation
If your franchise was entered into on or after June 19, 1978, the Act bars termnation
of your franchise for any
reasons other than those reasons discussed below. If your franchise was entered into before June 19, 1978, there is no statuory restriction on the reasons for which it may be tem1ated. Ifa franchise entered into before June 19, 1978, is termnated, however, the Act requires the supplier to reinstate the franchise relationship unless one of the reasons
listed under this heading or one of the additional reasons for nonrenewal described below under the heading
"Reasons for Nonrenewal" exists.
A. Non-Compliance with Franchise Agreement
Your supplier may termnate your franchise if you do not comply with a reasonable and important requirement of
the franchise relationship. However, teIDation may not be based on a failure to comply with a provision of the
franchise that is illegal or unenforceable under applicable Federal, State or local
law. In order to termnate for non-
compliance with the franchise agreement, your supplier must have learned of this non-compliance recently. The Act
lirrts the time period within which your supplier must have learned of your non-compliance to various periods, the longest of which is 120 (*32788) days, before you receive notification of the termnation.
B. Lack of
Good Faith Efforts
Your supplier may termnate your franchise if you have not made good faith efforts to carr out the requirements of
writing that you are not meeting a requirement of the franchise and you are given an opportunity to make a good faith effort to carr out the'requirement. This reason can be used by
the franchise, provided you are first notified in
your supplier only if you fail to make good faith efforts to carr out the requirements of the franchise within the
period which began not more than 180 days before you receive the notice of termnation.
C. Mutual Agreement To Tem1ate the Franchise
A franchise can be tem1ated by an agreement in wrting between you and your supplier if the agreement is
entered into not more than 180 days before the effective date of the termnation and you receive a copy of that agreement, together with this summary statement of yo