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During 1996, petitioner remodeled the structure and completed
improvements to the exterior areas of the 60th Street property.
In early 1996, petitioner began exploring an arrangement
with a major brand oil company. Mr. Zimmerman contacted
representatives of Amoco and two other companies to solicit
proposals for petitioner’s gas station at the 60th Street
property. Mr. Zimmerman received offers from all three. In
evaluating the proposals by the three oil companies, Mr.
Zimmerman considered the companies’ proposed up-front cash
advances, equipment contributions, gallonage rebates, and brand
name strength. Mr. Zimmerman selected Amoco because it offered
the most up-front money, and he believed that Amoco had the
strongest brand recognition.
Amoco and petitioner entered into a dealer supply agreement
dated March 11, 1996, that provided for petitioner’s purchase and
sale of Amoco products at the 60th Street property for a 5-year
period commencing July 1, 1996, and ending June 30, 2001. The
dealer supply agreement was accompanied by a number of other
documents that Amoco and petitioner executed on or about the same
date, including an equipment and sign loan agreement, a
dealer/jobber credit card contract, an electronic dealer delivery
plan, an electronic authorization, an image leadership contract,
and a Clean Air Act rider.
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Last modified: May 25, 2011