What fee must a Del Taco developer pay for each twelve-month extension of a development deadline?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
h subsequent Restaurant scheduled for opening towards the initial franchise fee for each of those Restaurants. The Developer shall pay the balance of the initial franchise fee for the second and each subsequent Restaurant scheduled for opening. The Developer acknowledges that, once it has executed a Franchise Agreement for a Restaurant, the Developer will not have the right to a refund of any portion of the foregoing fees.
- (c) Notwithstanding any provision of the Agreement to the contrary, if Developer is not able to timely meet its Development Schedule, and provided that Developer and its affiliates are in full compliance with all agreements with Del Taco, Developer may request a twelve-month extension of one or more of the development deadlines in the Development Schedule, which extension Del Taco may grant or deny at its sole option. To request an extension of a development deadline, Developer must provide Del Taco at least six months' advance written notice. For each twelve-month extension of such deadline(s) that Del Taco approves in writing, Developer must (A) pay Company a fee calculated as follows: $5,000 times the number of development deadlines that Developer wishes to extend for twelve months ("Extension Fee") and (B) sign an amendment to the Development Agreement to reflect these specific dates of the extension, and which will include a general release in the form in general use by Del Taco at the time, in favor of Del Taco and its officers, directors, agents, employees, subsidiaries, and affiliates. The Extension Fee is earned upon receipt and is non-refundable; provided, Del Taco will credit the Extension Fee towards payment of the Franchise Fee for subject location upon execution of the applicable Franchise Agreement. In all other circumstances, Del Taco will retain any and all Extension Fees.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a developer may request a twelve-month extension of one or more development deadlines if they cannot meet the original schedule, provided they and their affiliates are in full compliance with all agreements with Del Taco. Del Taco has the sole option to grant or deny this extension. The developer must provide Del Taco with at least six months' advance written notice to request an extension.
For each twelve-month extension that Del Taco approves in writing, the developer must pay an Extension Fee. This fee is calculated as $5,000 times the number of development deadlines the developer wishes to extend for twelve months. The developer must also sign an amendment to the Development Agreement, reflecting the new extension dates and including a general release in favor of Del Taco and its related parties.
The Extension Fee is earned by Del Taco upon receipt and is non-refundable. However, Del Taco will credit the Extension Fee towards the Franchise Fee for the specific location once the Franchise Agreement is executed. If the Franchise Agreement is not executed, Del Taco retains all Extension Fees. Any amount owed to Del Taco will incur interest at a rate of seven percentage points above the prime rate per annum, subject to California law.