What documents will Del Taco provide to the Developer?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Services by Del Taco.
Del Taco shall provide to the Developer one copy of the following:
(a) Del Taco's standard site selection criteria as then in effect;
(b) Sample site plans and layouts; and
(c) A standard construction package (which Del Taco may modify from time to time), including (without limitation) plans and specifications, with the understanding that the Developer shall adapt the plans and specifications, at the Developer's expense, for use at any approved site.
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- Franchise Agreement. Subject to Del Taco's written approval of a proposed site and the construction plans for the Restaurant proposed for development at the site, Del Taco shall send the Developer a Franchise Agreement for the proposed site using the then-current form of Franchise Agreement being offered to new Del Taco franchisees. Prior to the commencement of construction of the Restaurant, and within 10 days (or any longer time required by law) after the receipt of the Franchise Agreement from Del Taco for an approved site, the Developer shall execute the Franchise Agreement and return it to Del Taco, together with all payments then due Del Taco. Promptly upon Del Taco's receipt of the properlyexecuted Franchise Agreement and all payments then due Del Taco, Del Taco shall execute the same and return a copy to the Developer.
(b) The Developer has obtained the right to use the site, either by purchase or lease, and has obtained and provided a fully executed copy of the lease or asset purchase agreement, including the recorded deed, to Del Taco and has obtained all necessary permits, governmental approvals, and other necessary rights to construct, maintain and operate a Restaurant on the approved site. Developer shall provide a certified copy of any and all related acquisition documents to Del Taco as requested. (a) The articles of incorporation and bylaws, partnership agreement, limited liability company operating agreement, or similar organizational documents (the "Charter Documents") shall limit the purpose of the entity to the development and operation of Del Taco Restaurants and shall prohibit the issuance and transfer of the ownership interests in the Developer in violation of this Agreement. The Developer shall furnish Del Taco, at the time of execution of this Agreement or upon the issuance or transfer of any ownership interests in the Developer, certified copies of its Charter Documents evidencing compliance with the foregoing and an agreement executed by all owners of the Developer, stating that no owner shall sell, assign or transfer, voluntarily or by operation of law, any ownership interests in the Developer to any person or entity other than existing owners, to the extent permitted by this Agreement
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco will provide the Developer with copies of several documents to aid in site selection and restaurant construction. These include Del Taco's standard site selection criteria, sample site plans and layouts, and a standard construction package. The construction package includes plans and specifications, which the Developer will need to adapt at their own expense for the specific approved site.
In addition to these documents, once Del Taco approves a proposed site and the construction plans, they will send the Developer a Franchise Agreement. The Developer must then execute and return this agreement to Del Taco within 10 days, along with any due payments. Upon receiving the properly executed agreement and payments, Del Taco will execute the agreement and return a copy to the Developer.
Furthermore, the Developer is required to provide Del Taco with a fully executed copy of the lease or asset purchase agreement for the site, including the recorded deed, and certified copies of any related acquisition documents if requested. The Developer must also furnish Del Taco with certified copies of its Charter Documents, such as articles of incorporation and bylaws, evidencing compliance with the agreement, along with an agreement executed by all owners of the Developer.