factual

What is the Mandatory Development Schedule for Cilantro Taco Grill franchises described in?

Cilantro_Taco_Grill Franchise · 2024 FDD

Answer from 2024 FDD Document

a minimum of fiftyone percent (51%) of the issued and outstanding stock for each Restaurant to be opened pursuant to said

Franchise Agreement. In no event shall Multi-Unit Operator relinquish control over each entity operating each Restaurant.

  • 5.2 Mandatory Development Schedule. Subsequent to Multi-Unit Operator's signing of this Agreement and the initial Franchise Agreement, and provided that all conditions in Section 5.4 hereof are satisfied or waived, then upon acceptance of each subsequent Cilantro Taco Grill outlet to be developed under the Mandatory Development Schedule, Multi-Unit Operator shall execute an additional Franchise Agreement, containing the accepted street address, for the development of a Cilantro Taco Grill outlet Notwithstanding the foregoing, Multi-Unit Operator shall open the Cilantro Taco Grill outlets in accordance with the Mandatory Development Schedule attached hereto as Attachment 3.
    • 5.2.1 Multi-Unit Operator acknowledges and agrees that the terms of the Mandatory Development Schedule are reasonable and viable based upon Multi-Unit Operator's independent investigation and analysis. Failure by Multi-Unit Operator to adhere to the Mandatory Development Schedule (including any extensions thereof approved by Franchisor in writing pursuant to Section 5.3 below) shall constitute a material event of default under this Agreement.
    • 5.2.2 Multi-Unit Operator shall assume all responsibility and expense for locating potential sites for Restaurants. Multi-Unit Operator acknowledges that the acceptance of a request for a site for a Restaurant by Franchisor shall not be deemed to be an assurance or guaranty that the Restaurant will operate successfully or at a profit from such site. Multi-Unit Operator understands the costs to purchase, equip and make the site operational as a Restaurant may exceed the estimate provided for in Franchisor's Franchise Disclosure Document. It shall be Multi-Unit Operator's responsibility to work with real estate, general contractors and other professionals to understand these overages and how best to accommodate for them. The uncertainty and instability of these criteria are beyond Franchisor's control, and Franchisor is not responsible if the site fails to meet Multi-Unit Operator's expectations. Multi-Unit Operator will know all costs and timetables prior to forming its opinion and sending Franchisor its request for approval.
    • 5.2.3 Multi-Unit Operator shall exercise the development rights granted herein only by executing a Franchise Agreement for each outlet at a site located in the Development Area that has been accepted by Franchisor. Under no circumstances, however, may Multi-Unit Operator open a Restaurant for business unless and until there is a fully executed Franchise Agreement in place for such Restaurant, Multi-Unit Operator has sent Franchisor a written request to open the Restaurant for business thirty (30) days prior to the scheduled opening date, Multi-Unit Operator has received Franchisor's prior written authorization to open the Restaurant, and Franchisor is in receipt of the initial franchise fee for such Restaurant.
  • 5.3 Extension of Mandatory Development Schedule.

Source: Item 23 — RECEIPT (FDD pages 52–208)

What This Means (2024 FDD)

According to Cilantro Taco Grill's 2024 Franchise Disclosure Document, the Mandatory Development Schedule for multi-unit operators is described in Section 5.2 and is further detailed in Attachment 3. This schedule outlines the specific obligations of the multi-unit operator to establish and operate a certain number of Cilantro Taco Grill restaurants within a defined Development Area, with each restaurant operating under a separate Franchise Agreement.

The multi-unit operator acknowledges that the terms within the Mandatory Development Schedule are considered reasonable and viable, based on their own independent investigation and analysis. Failure to adhere to this schedule can result in a material breach of the agreement, potentially leading to default. The multi-unit operator bears the responsibility and expense of finding suitable locations for the restaurants.

The agreement grants the multi-unit operator rights to establish additional Cilantro Taco Grill outlets within the Development Area, contingent upon full compliance with all outlined conditions. These rights are exercised in accordance with Section 4.1 of the agreement. The Development Area is typically defined by municipal or county boundaries, or specified trade areas within a municipality.

Prospective franchisees should carefully review Attachment 3 and Section 5.2 to fully understand the development timelines, milestones, and potential consequences of not meeting the agreed-upon schedule. They should also assess their capabilities and resources to ensure they can meet the obligations outlined in the Mandatory Development Schedule.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.