HomeMy WebLinkAboutPS 89-36; Tony Roma's; Sign Permits/Programs (PS),'
(*A PLACE FOR RIBS.)
April 11, 1988
Mr. James Kozen
K & P Partners
1101 East Broadway
Suite 202
Glendale, CA 91205
Re: Proposed Ground Lease Agreement for a Restaurant
Site in Carlsbad, California
Dear Jim:
I have reviewed the proposed Lease Agreement for your Carlsbad, California
location between Hughes North County Associates and K & P Partners. The
form of the Lease Agreement is dated March 23, 1988, and I note that it
has already been executed. The Lease is satisfactory to Roma Corporation
from the standpoint of issuance of a franchise to K & P Partners for a
restaurant to be located at that site. My only reservation about the Lease
is concerning the sign criteria and signage approval powers of the landlord.
Although the sign criteria are basically reasonable criteria, and although
the landlord cannot unreasonably withhold its approval of proposed signage,
I do have some concern about the landlord's ability to review the design
and colors of signage.
As you know the Tony Roma's A Place For Ribs logo in the red and green colors
is a registered trademark. I would consider it unreasonable, therefore, for
the landlord to refuse to approve any signage which contains our standard
logo in our standard colors. Therefore, subject to the caveat that the land-
lord may not force you to alter our logo or colors, the Lease is approved.
My review and approval of the form of the Lease is limited in scope to an
analysis of only those provisions which bear on the ability of K & P
Partners as a potential franchisee to perform its obligations under the
proposed Franchise Agreement. I have not reviewed the overall merits of
the Lease, and my approval should in no way be construed as an approval of
the terms of the Lease Agreement other than as they relate to the obligations
of K 6.P Partners under the Franchise Agreement to be issued. Roma Corporation
does not intend to, nor does it approve the granting of any specific right
to any party, nor does Roma intend to forego any of its rights under the
Franchise Agreement. All of the rights and obligations of Roma and its
franchisee with respect to this proposed location are contained solely in the
Franchise Agreement, and neither the approval by Roma of the proposed Lease,
nor the issuance of the Franchise Agreement should be construed as creating
Roma Corporation Ten Thousand North Central Expressway Suite 900 Lock Box 48 Dallas, TX 75231
Page 2
Mr. James Kozen
4/ 11/88
any rights in any third party.
If you have any questions regardlng this please do not hesitate to call me.
my t rulR.yours,
yzLU"/ Jarneb L. Kacena
I: Secretary and General Counsel