-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Nw9hkpYOYQ2HQoOC1lynbFhC7tTvlEbsAOx5OjEZ+dZ0hCpD22PWKrk71q3nq1we JcwFjLFUbUIKnppVO1XK0Q== 0000950123-09-024277.txt : 20090722 0000950123-09-024277.hdr.sgml : 20090722 20090722144314 ACCESSION NUMBER: 0000950123-09-024277 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20081231 FILED AS OF DATE: 20090722 DATE AS OF CHANGE: 20090722 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DEL TACO RESTAURANT PROPERTIES I CENTRAL INDEX KEY: 0000711213 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE [6500] IRS NUMBER: 953852699 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 000-16191 FILM NUMBER: 09956944 BUSINESS ADDRESS: STREET 1: 23041 AVENIDA DE LA CARLOTA, SUITE 400 CITY: LAGUNA HILLS STATE: CA ZIP: 92653 BUSINESS PHONE: 714 462-9300 MAIL ADDRESS: STREET 1: 1800 W KATELLA AVENUE CITY: ORANGE STATE: CA ZIP: 92667 10-K/A 1 a53190kae10vkza.htm AMENDMENT TO FORM 10-K e10vkza
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM 10-K/A
 
(Amendment No. 1)
 
(Mark One)
[X]  ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
 
For the fiscal year ended December 31, 2008
 
OR
 
[ ]  TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
 
For the transition period from                   to                  
 
Commission file no. 0-16191
 
DEL TACO RESTAURANT PROPERTIES I
(A California limited partnership)
(Exact name of registrant as specified in its charter)
 
     
California
(State or other jurisdiction of
incorporation or organization)
  95-3852699
(I.R.S. Employer
Identification Number)
     
25521 Commercentre Drive
Lake Forest, California
(Address of principal executive offices)
  92630
(Zip Code)
 
 
Registrant’s telephone number, including area code: (949) 462-9300
 
Securities registered pursuant to section 12(b) of the Act: None
 
Securities registered pursuant to section 12(g) of the Act: None
 
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.  Yes        No  X 
 
Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Exchange Act.  Yes        No  X 
 
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.  Yes  X   No    
 
DOCUMENTS INCORPORATED BY REFERENCE
 
Portions of the registrant’s Form S-11 Registration Statement filed December 17, 1982 are incorporated by reference into Part IV of this report.
 
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer,” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):
 
Large accelerated filer o Accelerated filer o Non-accelerated filer þ Smaller reporting company o
(Do not check if a smaller reporting company)
 
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).  Yes        No  X 
 
 


Table of Contents

Explanatory Note
     We are filing this Amendment No. 1 on Form 10-K/A to amend our Form 10-K for the year ended December 31, 2008, filed with the Securities and Exchange Commission on March 11, 2009, for the purpose of including the introductory language addressing internal control over financial reporting as required in paragraph four of the principal Executive Officer and Principal Financial Officer certifications.
     This Amendment No. 1 only reflects the changes discussed above. No other information included in the Original Form 10-K has been amended by this Form 10-K/A, whether to reflect any information or events subsequent to the filing of the Original Form 10-K or otherwise.


TABLE OF CONTENTS

PART I
Item 1. Business
Item 1A. Risk Factors
Item 2. Properties
Item 3. Legal Proceedings
Item 4. Submission of Matters to a Vote of Security Holders
PART II
Item 5. Market for the Partnership’s Common Equity, Related Security Holder Matters and Issuer Purchases of Equity Securities
Item 6. Selected Financial Data
Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations
Item 7A. Quantitative and Qualitative Disclosures About Market Risk
Item 8. Financial Statements and Supplementary Data
Item 9. Changes in and Disagreements with Accountants on Accounting and Financial Disclosures
Item 9A(T). Controls and Procedures
Item 9B. Other Information
PART III
Item 10. Directors, Executive Officers, and Corporate Governance
Item 11. Executive Compensation
Item 12. Security Ownership of Certain Beneficial Owners and Management
Item 13. Certain Relationships, Related Transactions, and Director Independence
Item 14. Principal Accountant Fees and Services
PART IV
Item 15. Exhibits and Financial Statement Schedules
SIGNATURES
EXHIBIT INDEX
EX-31.1
EX-31.2
EX-32.1


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PART I
Item 1. Business
Del Taco Restaurant Properties I (the Partnership, us, we or our) is a publicly-held limited partnership organized under the California Uniform Limited Partnership Act. The Partnership’s General Partner is Del Taco LLC, a California limited liability company (Del Taco or the General Partner). The Partnership sold 8,751 units totaling $4.375 million through an offering of limited partnership units from March 1983 through March 1984. The term of the partnership agreement is until April 30, 2022, unless terminated earlier by means provided in the partnership agreement.
The business of the Partnership is ownership and leasing of restaurants in California to Del Taco. The Partnership acquired land and constructed six Mexican-American restaurants for long-term lease to Del Taco. Each property is leased for 35 years on a triple net basis. Rent is equal to twelve percent of gross sales of the restaurants. As of December 31, 2008, the Partnership had a total of six properties leased to Del Taco (Del Taco, in turn, has subleased one of the restaurants).
The Partnership has no full time employees. The Partnership agreement assigns full authority for general management and supervision of the business affairs of the Partnership to the General Partner. The General Partner has a one percent interest in the profits or losses and distributions of the Partnership. Limited partners have no right to participate in the day to day management or conduct of the Partnership’s business affairs.
Item 1A. Risk Factors
None.

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Item 2. Properties
The Partnership acquired six properties with proceeds obtained from the sale of partnership units:
                 
                Date of
        Date of   Restaurant   Commencement
Address   City, State   Acquisition   Constructed   of Operation (1)
Riverside Avenue
  Rialto, CA   September 28, 1984   60 seat with drive through service window   February 12, 1985
 
               
Elden Avenue
  Moreno Valley, CA   March 8, 1985   60 seat with drive through service window   June 30, 1985
 
               
Foothill Boulevard
  La Verne, CA   April 16, 1985   60 seat with drive through service window   November 6, 1985
 
               
Baseline & Archibald
  Rancho Cucamonga, CA   July 10, 1985   60 seat with drive through service window   November 26, 1985
 
               
Elkhorn Boulevard
  Sacramento, CA   August 22, 1985   60 seat with drive through service window   January 15, 1986
 
               
Haven Avenue
  Rancho Cucamonga, CA   September 20, 1985   60 seat with drive through service window   February 14, 1986
See also Schedule III — Real Estate and Accumulated Depreciation included in Item 8.
 
(1)   Commencement of operation is the first date Del Taco, as lessee, operated the facility on the site as a Del Taco restaurant.
Item 3. Legal Proceedings
On February 21, 2008, the General Partner settled a property encroachment lawsuit regarding the Partnership’s restaurant on Haven Avenue in Rancho Cucamonga, California. To settle the case, the General Partner agreed to have the Partnership purchase the encroachment area for $70,000 and obtain a full release of both parties’ claims. On May 23, 2008, a release and sale agreement was finalized.
Item 4. Submission of Matters to a Vote of Security Holders
None.

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PART II
Item 5.   Market for the Partnership’s Common Equity, Related Security Holder Matters and Issuer Purchases of Equity Securities
The Partnership sold 8,751 ($4,375,500) limited partnership units during the public offering period ended March 20, 1984 and currently has 693 limited partners of record. There is no public market for the trading of the units. Distributions made by the Partnership to the limited partners during the past three fiscal years are described in Note 6 to the Notes to the Financial Statements contained under Item 8.
Item 6. Selected Financial Data
The selected financial data presented as of and for the years ended December 31, 2008, 2007, 2006, 2005 and 2004, has been derived from the audited financial statements and should be read in conjunction with the financial statements and related notes and Item 7, Management’s Discussion and Analysis of Financial Condition and Results of Operations.
                                         
    Years Ended December 31,  
    2008     2007     2006     2005     2004  
Rental revenues
  $ 746,097     $ 730,322     $ 722,953     $ 780,229     $ 772,133  
 
General and administrative expense
    71,643       73,984       71,436       68,833       68,345  
 
                                       
Depreciation expense
    28,948       28,948       28,948       40,420       43,772  
 
                                       
Interest and other income
    4,576       6,100       5,443       4,627       3,696  
 
                                       
Net income
    650,082       633,490       628,012       675,603       663,712  
 
                                       
Net income per limited partnership unit
    73.54       71.67       71.05       76.43       75.09  
 
                                       
Cash distributions per limited partnership unit
    68.35       74.47       76.21       80.45       80.78  
 
                                       
Total assets
    2,243,902       2,205,826       2,275,794       2,316,566       2,340,659  
 
                                       
Long-term obligations
                             

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Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations
Management’s discussion and analysis of financial condition, results of operations, liquidity and capital resources, and off balance sheet arrangements and contractual obligations contained within this report on Form 10-K is more clearly understood when read in conjunction with the notes to the financial statements. The notes to the financial statements elaborate on certain terms that are used throughout this discussion and provide information about the Partnership and the basis of presentation used in this report on Form 10-K.
The six restaurants leased to Del Taco make up all of the income producing assets of the Partnership. Therefore, the business of the Partnership is entirely dependent on the success of Del Taco as the operator of restaurants located at our properties. The success of the restaurants is dependent on a large variety of factors, including, but not limited to, consumer demand and preference for fast food, in general, and for Mexican-American food in particular.
Liquidity and Capital Resources
The Partnership offered limited partnership units for sale between March 1983 and March 1984. $4.375 million was raised through the sale of limited partnership units and used to acquire sites and build six restaurants and also to pay commissions to brokers and to reimburse the General Partner for offering costs incurred.
The Partnership’s only source of cash flow is rental income from the properties from the triple net leases. Such operating income has historically been and is expected to continue to be sufficient to fund the Partnership’s operating expenses. Net cash provided by operating activities in excess of the Partnership’s ongoing needs is distributed to the partners.
Off Balance Sheet Arrangements and Contractual Obligations
None.
Results of Operations
The Partnership owns six properties that are under long-term lease to Del Taco for restaurant operations. Del Taco, in turn, has subleased one of the restaurants to a Del Taco franchisee.

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Item 7.   Management’s Discussion and Analysis of Financial Condition and Results of Operations — (Continued)
Results of Operations — (Continued)
The following table sets forth rental revenues earned by restaurant by year:
                         
    Years Ended December 31,  
    2008     2007     2006  
Riverside Avenue, Rialto, CA
  $ 114,099     $ 113,841     $ 116,077  
Elden Avenue, Moreno Valley, CA
    102,202       103,720       120,781  
Foothill Boulevard, La Verne, CA
    175,614       175,299       173,288  
Baseline & Archibald, Rancho Cucamonga, CA
    119,344       121,287       120,339  
Elkhorn Boulevard, Sacramento, CA
    90,482       81,243       72,871  
Haven Avenue, Rancho Cucamonga, CA
    144,356       134,932       119,597  
 
                 
Total
  $ 746,097     $ 730,322     $ 722,953  
 
                 
The Partnership earns rental revenues equal to 12 percent of gross sales from the restaurants. The Partnership earned rental revenues of $746,097 during the year ended December 31, 2008, which represents an increase of $15,775 from 2007. The increase in rental revenues was caused by an increase in sales at the restaurants under lease.
The Partnership earned rental revenues of $730,322 during the year ended December 31, 2007, which represents an increase of $7,369 from 2006. The increase in rental revenues was caused by an increase in sales at the restaurants under lease.
The following table breaks down general and administrative expenses by type of expense:
                         
    Percentage of Total General and Administrative Expense  
    Years Ended December 31,  
    2008     2007     2006  
Accounting fees
    66.09 %     62.92 %     60.99 %
Distribution of information to limited partners
    32.77       35.64       37.31  
Other
    1.14       1.44       1.70  
 
                 
 
    100.00       100.00       100.00  
 
                 
General and administrative costs decreased by $2,341 from 2007 to 2008. The decrease was caused primarily by a decrease in costs for printing and distribution of information to partners.
General and administrative costs increased by $2,548 from 2006 to 2007. The increase was caused primarily by increased costs for accounting fees.

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Item 7.   Management’s Discussion and Analysis of Financial Condition and Results of Operations — (Continued)
Results of Operations — (continued)
Net income increased by $16,592 from 2007 to 2008 due to the increase in revenues of $15,775 and the $2,341 decrease in general and administrative expenses, offset by the decrease in other income of $1,524.
Net income increased by $5,478 from 2006 to 2007 due to the increases in revenues of $7,369 and other income of $657, and offset by the $2,548 increase in general and administrative expenses.
Recent Accounting Pronouncements
None that applies to the Partnership.
Critical Accounting Policies and Estimates
Management’s discussion and analysis of financial condition and results of operations, as well as disclosures included elsewhere in this report on Form 10-K are based upon the Partnership’s financial statements, which have been prepared in accordance with accounting principles generally accepted in the United States of America. The preparation of these financial statements requires management to make estimates and judgments that affect the reported amounts of assets, liabilities, revenues and expenses. The Partnership believes the critical accounting policies that most impact the financial statements are described below. A summary of the significant accounting policies of the Partnership can be found in Note 1 to the Financial Statements which is included in Item 8 of this Form 10-K.
Revenue Recognition: Rental revenue is recognized based on 12 percent of gross sales of the restaurants for the corresponding period, and is earned at the point of sale.

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Item 7.   Management’s Discussion and Analysis of Financial Condition and Results of Operations — (Continued)
Property and Equipment: Property and equipment is stated at cost. Depreciation is computed using the straight-line method over estimated useful lives which are 20 years for land improvements, 35 years for buildings and improvements, and 10 years for machinery and equipment.
The Partnership accounts for property and equipment in accordance with Statement of Financial Accounting Standards No. (SFAS) 144, “Accounting for the Impairment or Disposal of Long Lived Assets.” SFAS 144 requires that long-lived assets be reviewed for impairment whenever events or changes in circumstances indicate that the carrying value of the asset may not be recoverable. In evaluating long-lived assets held for use, an impairment loss is recognized if the sum of the expected future cash flows (undiscounted and without interest charges) is less than the carrying value of the asset. Once a determination has been made that an impairment loss should be recognized for long-lived assets, various assumptions and estimates are used to determine fair value including, among others, recent sales of comparable properties and the opinions of fair value prepared by independent real estate appraisers. Long-lived assets to be disposed of are reported at the lower of carrying amount or fair value less cost to sell.
Item 7A. Quantitative and Qualitative Disclosures About Market Risk
None.

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Item 8. Financial Statements and Supplementary Data
PART I. INFORMATION
         
INDEX   PAGE NUMBER
 
       
Report of Independent Registered Public Accounting Firm - Squar, Milner, Peterson, Miranda & Williamson, LLP
    10  
 
       
Balance Sheets at December 31, 2008 and 2007
    11  
 
       
Statements of Income for the years ended December 31, 2008, 2007 and 2006
    12  
 
       
Statements of Partners’ Equity for the years ended December 31, 2008, 2007 and 2006
    13  
 
       
Statements of Cash Flows for the years ended December 31, 2008, 2007 and 2006
    14  
 
       
Notes to Financial Statements
    15-20  
 
       
Schedule III — Real Estate and Accumulated Depreciation
    27  

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Report of Independent Registered Public Accounting Firm
To the Partners
Del Taco Restaurant Properties I:
We have audited the accompanying balance sheets of Del Taco Restaurant Properties I (a California Limited Partnership) as of December 31, 2008 and 2007 and the related statements of income, partners’ equity, and cash flows for each of the three years in the period ended December 31, 2008. Our audits also included the financial statement schedule of the Partnership listed in Item 15. These financial statements and financial statement schedule are the responsibility of the Partnership’s management. Our responsibility is to express an opinion on these financial statements and financial statement schedule based on our audits.
We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Del Taco Restaurant Properties I as of December 31, 2008 and 2007 and the results of its operations and its cash flows for each of the three years in the period ended December 31, 2008, in conformity with U.S. generally accepted accounting principles. Also, in our opinion, the related financial statement schedule, when considered in relation to the basic financial statements taken as a whole, presents fairly, in all material respects, the information set forth therein.
We were not engaged to examine management’s assessment of the effectiveness of Del Taco Restaurant Properties I’s internal control over financial reporting as of December 31, 2008 included in the accompanying Management’s report on internal control over financial reporting under Item 9A(T) and, accordingly, we do not express an opinion thereon.
/s/ Squar, Milner, Peterson, Miranda & Williamson, LLP
Newport Beach, California
March 2, 2009

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DEL TACO RESTAURANT PROPERTIES I
BALANCE SHEETS
                 
    December 31,  
    2008     2007  
ASSETS
 
               
CURRENT ASSETS:
               
Cash
  $ 207,772     $ 218,140  
Receivable from Del Taco LLC
    62,158       62,093  
Deposits
    1,110       986  
 
           
Total current assets
    271,040       281,219  
 
           
 
               
PROPERTY AND EQUIPMENT:
               
Land and improvements
    1,929,685       1,852,482  
Buildings and improvements
    1,013,134       1,013,134  
Machinery and equipment
    1,136,026       1,136,026  
 
           
 
    4,078,845       4,001,642  
Less—accumulated depreciation
    2,105,983       2,077,035  
 
           
 
    1,972,862       1,924,607  
 
           
 
               
 
  $ 2,243,902     $ 2,205,826  
 
           
 
               
LIABILITIES AND PARTNERS’ EQUITY
 
               
CURRENT LIABILITIES:
               
Payable to limited partners
  $ 31,289     $ 39,157  
Accounts payable
    6,967       6,859  
 
           
Total current liabilities
    38,256       46,016  
 
           
 
               
PARTNERS’ EQUITY AT DECEMBER 31, 2008 AND 2007:
               
Limited partners; 8,751 units outstanding at December 31, 2008 and December 31, 2007
    1,943,492       1,898,115  
General partner-Del Taco LLC
    262,154       261,695  
 
           
 
    2,205,646       2,159,810  
 
           
 
               
 
  $ 2,243,902     $ 2,205,826  
 
           
See accompanying notes to financial statements.

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DEL TACO RESTAURANT PROPERTIES I
STATEMENTS OF INCOME
                         
    Years Ended December 31,  
    2008     2007     2006  
RENTAL REVENUES
  $ 746,097     $ 730,322     $ 722,953  
 
                 
 
                       
EXPENSES:
                       
General and administrative
    71,643       73,984       71,436  
Depreciation
    28,948       28,948       28,948  
 
                 
 
    100,591       102,932       100,384  
 
                 
 
                       
Operating income
    645,506       627,390       622,569  
 
                       
OTHER INCOME:
                       
Interest
    1,551       4,375       4,668  
Other
    3,025       1,725       775  
 
                 
 
                       
Net income
  $ 650,082     $ 633,490     $ 628,012  
 
                 
 
                       
Net income per limited partnership unit (note 2)
  $ 73.54     $ 71.67     $ 71.05  
 
                 
 
                       
Number of limited partnership units used in computing per unit amounts
    8,751       8,751       8,751  
 
                 
See accompanying notes to financial statements.

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DEL TACO RESTAURANT PROPERTIES I
STATEMENTS OF PARTNERS’ EQUITY
Years Ended December 31, 2008, 2007, and 2006
                                 
    Limited Partners     General        
    Units     Amount     Partner     Total  
Balance, December 31, 2005
    8,751     $ 1,967,669     $ 262,398     $ 2,230,067  
 
Net Income
          621,732       6,280       628,012  
 
Cash Distributions
          (666,847 )     (6,736 )     (673,583 )
 
                       
 
Balance, December 31, 2006
    8,751       1,922,554       261,942       2,184,496  
 
Net Income
          627,155       6,335       633,490  
 
Cash Distributions
          (651,594 )     (6,582 )     (658,176 )
 
                       
 
Balance, December 31, 2007
    8,751       1,898,115       261,695       2,159,810  
 
Net Income
          643,581       6,501       650,082  
 
Cash Distributions
          (598,204 )     (6,042 )     (604,246 )
 
                       
 
Balance, December 31, 2008
    8,751     $ 1,943,492     $ 262,154     $ 2,205,646  
 
                       
See accompanying notes to financial statements.

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DEL TACO RESTAURANT PROPERTIES I
STATEMENTS OF CASH FLOWS
                         
    Years Ended December 31,  
    2008     2007     2006  
CASH FLOWS FROM OPERATING ACTIVITIES:
                       
 
                       
Net income
  $ 650,082     $ 633,490     $ 628,012  
Adjustments to reconcile net income to net cash provided by operating activities:
                       
Depreciation
    28,948       28,948       28,948  
Changes in operating assets and liabilities:
                       
Receivable from Del Taco LLC
    (65 )     (452 )     3,550  
Deposits
    (124 )     144       (530 )
Payable to limited partners
    (7,868 )     (42,720 )     (97 )
Accounts payable
    108       (2,562 )     4,896  
 
                 
 
                       
Net cash provided by operating activities
    671,081       616,848       664,779  
 
                       
CASH FLOWS FROM INVESTING ACTIVITIES:
                       
 
                       
Purchase of land and improvements
    (77,203 )            
 
                       
CASH FLOWS FROM FINANCING ACTIVITIES:
                       
 
                       
Cash distributions to partners
    (604,246 )     (658,176 )     (673,583 )
 
                 
 
                       
Net decrease in cash
    (10,368 )     (41,328 )     (8,804 )
 
                       
Beginning cash balance
    218,140       259,468       268,272  
 
                 
 
                       
Ending cash balance
  $ 207,772     $ 218,140     $ 259,468  
 
                 
See accompanying notes to financial statements.

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DEL TACO RESTAURANT PROPERTIES I
NOTES TO FINANCIAL STATEMENTS
NOTE 1 — ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The Partnership: Del Taco Restaurant Properties I, a California limited partnership (the Partnership), was formed on November 30, 1982, for the purpose of acquiring real property in California for construction of six Mexican-American restaurants to be leased under long-term agreements to Del Taco LLC (General Partner or Del Taco), for operation under the Del Taco trade name. The term of the partnership agreement is until April 30, 2022 unless terminated earlier by means provided in the partnership agreement.
The Partnership has no full time employees (see Note 4). The Partnership agreement assigns full authority for general management and supervision of the business affairs of the Partnership to the General Partner. The General Partner has a one percent interest in the profits or losses and distributions of the Partnership. Limited partners have no right to participate in the day to day management or conduct of the Partnership’s business affairs.
Distributions are made to the general and limited partners in accordance with the provisions of the Partnership agreement (see Note 2).
Basis of Accounting: The Partnership utilizes the accrual method of accounting for transactions relating to the business of the Partnership. The summary of significant accounting policies presented below is designed to assist in understanding the Partnership’s financial statements. Such financial statements and accompanying notes are the representations of the Partnership’s management, who is responsible for their integrity and objectivity. These accounting policies conform to accounting principles generally accepted in the United States of America (“GAAP”) in all material respects, and have been consistently applied in preparing the accompanying financial statements.
Property and Equipment: Property and equipment is stated at cost. Depreciation is computed using the straight-line method over estimated useful lives which are 20 years for land improvements, 35 years for buildings and improvements, and 10 years for machinery and equipment.
The Partnership accounts for property and equipment in accordance with Statement of Financial Accounting Standards No. (SFAS) 144, “Accounting for the Impairment or Disposal of Long Lived Assets.” SFAS 144 requires that long-lived assets be reviewed for impairment whenever events or changes in circumstances indicate that the carrying value of the asset may not be recoverable. In evaluating long-lived assets held for use, an impairment loss is recognized if the sum of the expected future cash flows (undiscounted and without interest charges) is less than the carrying value of the asset. Once a determination has been made that an impairment loss should be recognized for long-lived assets, various assumptions and estimates are used to determine fair value including, among others, recent sales of comparable properties and the opinions of fair value prepared by independent real estate appraisers. Long-lived assets to be disposed of are reported at the lower of carrying amount or fair value less cost to sell.

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DEL TACO RESTAURANT PROPERTIES I
NOTES TO FINANCIAL STATEMENTS — CONTINUED
NOTE 1 — ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — (Continued)
Income Taxes: No provision has been made for federal or state income taxes on partnership net income, since the Partnership is not subject to income tax. Partnership income is includable in the taxable income of the individual partners as required under applicable income tax laws. Certain items, primarily related to depreciation methods, are accounted for differently for income tax reporting purposes (see Note 5).
Net Income Per Limited Partnership Unit: Net income per limited partnership unit is based on net income attributable to the limited partners (after 1% allocation to the general partner) using the weighted average number of units outstanding during the periods presented, which amounted to 8,751 units for all years presented.
Use of Estimates: The preparation of the financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make certain estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates.
Revenue Recognition: Rental revenue is recognized based on 12 percent of gross sales of the restaurants for the corresponding period, and is earned at the point of sale.
Concentration of Risk: The six restaurants leased to Del Taco make up all of the income producing assets of the Partnership and contributed all of the Partnership’s rental revenues for the three years ended December 31, 2008. Therefore, the business of the Partnership is entirely dependent on the success of the Del Taco trade name restaurants that lease the properties.
The Partnership maintains substantially all of its cash and cash equivalents at one major commercial bank. The Federal Depository Insurance Commission’s limits were $250,000 and $100,000 at December 31, 2008 and 2007, respectively. At December 31, 2008 and 2007, the Partnership had approximately $220,000 and $239,000, respectively, on deposit at one financial institution.
Fair Value of Financial Instruments: The fair values of cash, accounts receivables, deposits, accounts payable and payables to limited partners approximate the carrying amounts due to their short maturities.
NOTE 2 — PARTNERS’ EQUITY
Pursuant to the partnership agreement, annual partnership net income is allocated one percent to Del Taco and 99 percent to the limited partners. A partnership net loss in any year will be allocated 24 percent to the General Partner and 76 percent to the limited partners until the losses so allocated equal income previously allocated. Any additional losses will be allocated one percent to the General Partner and 99 percent to the limited partners. Partnership gains from any sale or refinancing will be allocated one percent to the General Partner and 99 percent to the limited partners until allocated gains and profits equal losses. Additional gains will be allocated 24 percent to the General Partner and 76 percent to the limited partners.
In 1986, the General Partner contributed additional capital of $280,000 to the Partnership in order to provide funds necessary to complete the sixth and final restaurant.

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DEL TACO RESTAURANT PROPERTIES I
NOTES TO FINANCIAL STATEMENTS — CONTINUED
NOTE 3 — LEASING ACTIVITIES
The Partnership leases certain properties for operation of restaurants to Del Taco on a triple net basis. The leases are for terms of 35 years commencing with the completion of the restaurant facility located on each property and require monthly rentals equal to 12 percent of the gross sales of the restaurants. The leases expire in the years 2019 to 2020. There is no minimum rental under any of the leases. The Partnership had a total of six properties leased as of December 31, 2008, 2007 and 2006, one of which has been subleased to a Del Taco franchisee for each of the three years ended December 31, 2008.
The five restaurants operated by Del Taco, for which the Partnership is the lessor, had combined, unaudited sales of $5,222,941, $5,075,290 and $5,021,783 and an unaudited net loss of $151,729 for the year ended December 31, 2008 and unaudited net income of $2,944 and $141,769 for the years ended December 31, 2007 and 2006, respectively. Del Taco net income by restaurant includes charges for general and administrative expenses incurred in connection with supervision of restaurant operations and interest expense and the decrease in net income from the corresponding period of the prior years primarily relates to additional interest expense from the debt that was issued in connection with the acquisition of Del Taco (see Note 9) as well as increased food commodity, labor and energy costs. The one restaurant operated by a Del Taco franchisee, for which the Partnership is the lessor, had unaudited sales of $994,537, $1,010,728 and $1,002,825 for the years ended December 31, 2008, 2007 and 2006, respectively.
NOTE 4 — RELATED PARTIES
The receivable from Del Taco consists of rent accrued for the months of December 2008 and 2007. The rent receivable was collected in January 2009 and 2008, respectively.
The General Partner received $6,042, $6,582 and $6,736 in distributions relating to its one percent interest in the Partnership for the years ended December 31, 2008, 2007 and 2006, respectively.
Del Taco serves in the capacity of General Partner in other partnerships which are engaged in the business of operating restaurants, and three other partnerships which were formed for the purpose of acquiring real property in California for construction of Mexican-American restaurants for lease under long-term agreements to Del Taco.
The General Partner provides certain minimal managerial and accounting services to the Partnership at no cost.

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DEL TACO RESTAURANT PROPERTIES I
NOTES TO FINANCIAL STATEMENTS — CONTINUED
NOTE 5 — INCOME TAXES (UNAUDITED)
The Partnership is not subject to income taxes because its income is taxed directly to the General Partner and limited partners. The reconciling items presented in the table below are the only items that create a difference between the tax basis and reported amounts of the Partnership’s assets and liabilities.
A reconciliation of financial statement net income to taxable income for each of the periods is as follows:
                         
    2008     2007     2006  
Net income per financial statements
  $ 650,082     $ 633,490     $ 628,012  
 
                       
Excess book depreciation
    17,328       17,328       17,328  
 
                 
 
                       
Taxable income
  $ 667,410     $ 650,818     $ 645,340  
 
                 
A reconciliation of partnership equity per the financial statements to partners’ equity for tax purposes as of December 31, 2008, is as follows (unaudited):
         
Partners’ equity per financial statements
  $ 2,205,646  
 
       
Issue costs of limited partnership units capitalized for tax purposes
    637,325  
 
       
Difference in book vs. tax depreciation
    128,219  
 
       
Other
    235  
 
     
 
       
Partners’ equity for tax purposes
  $ 2,971,425  
 
     

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DEL TACO RESTAURANT PROPERTIES I
NOTES TO FINANCIAL STATEMENTS — CONTINUED
NOTE 6 — CASH DISTRIBUTIONS TO LIMITED PARTNERS
Cash distributions paid to limited partners for the three years ended December 31, 2008 were as follows:
                         
    Cash     Weighted     Number of Units  
    Distribution per     Average Number     Outstanding at  
    Limited Partnership     of Units     the End of  
Quarter Ended   Unit     Outstanding     Quarter  
December 31, 2005
  $ 20.51       8,751       8,751  
March 31, 2006
    18.36       8,751       8,751  
June 30, 2006
    17.97       8,751       8,751  
September 30, 2006
    19.37       8,751       8,751  
 
                     
Total paid in 2006
  $ 76.21                  
 
                     
 
                       
December 31, 2006
  $ 19.53       8,751       8,751  
March 31, 2007
    17.39       8,751       8,751  
June 30, 2007
    16.56       8,751       8,751  
September 30, 2007
    20.99       8,751       8,751  
 
                     
Total paid in 2007
  $ 74.47                  
 
                     
 
                       
December 31, 2007
  $ 19.68       8,751       8,751  
March 31, 2008
    9.60       8,751       8,751  
June 30, 2008
    19.66       8,751       8,751  
September 30, 2008
    19.41       8,751       8,751  
 
                     
Total paid in 2008
  $ 68.35                  
 
                     
Cash distributions per limited partnership unit were calculated based upon the weighted average number of units outstanding for each quarter and were paid from operations. Distributions declared in January 2009 for the quarter ended December 31, 2008 amounted to $19.40 per limited partnership unit and were paid in January 2009.
NOTE 7 — RESULTS BY QUARTER (UNAUDITED)
                                 
    First   Second   Third   Fourth
    Quarter   Quarter   Quarter   Quarter
Year ended December 31, 2008
                               
Rental revenues
  $ 183,905     $ 185,959     $ 189,942     $ 186,291  
Net income
    136,914       170,451       174,089       168,628  
Net income per limited partnership unit
    15.49       19.28       19.69       19.08  
 
                               
Year ended December 31, 2007
                               
Rental revenues
  $ 173,334     $ 181,721     $ 188,813     $ 186,454  
Net income
    127,514       163,285       172,130       170,561  
Net income per limited partnership unit
    14.43       18.47       19.47       19.30  

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DEL TACO RESTAURANT PROPERTIES I
NOTES TO FINANCIAL STATEMENTS — CONTINUED
NOTE 8 — PAYABLE TO LIMITED PARTNERS
Payable to limited partners represents a reclassification from cash for distribution checks made to limited partners that have remained outstanding for six months or longer. The reduction in payable to limited partners from December 31, 2007 to December 31, 2008 is primarily due to reissuing outstanding distribution checks to limited partners who were located in connection with the Partnership’s review of unclaimed property.
NOTE 9 — ACQUISITION OF GENERAL PARTNER
On January 30, 2006, the parent company of the General Partner entered into an agreement to sell all of its issued and outstanding common stock to Sagittarius Brands, Inc. The transaction was consummated on March 29, 2006 and did not have an impact on the financial position, results of operations or cash flows of the Partnership.
NOTE 10 — COMMITMENTS AND CONTINGENCIES
On February 21, 2008, the General Partner settled a property encroachment lawsuit regarding the Partnership’s restaurant on Haven Avenue in Rancho Cucamonga, California. To settle the case, the General Partner agreed to have the Partnership purchase the encroachment area for $70,000 and obtain a full release of both parties’ claims. On May 23, 2008, a release and sale agreement was finalized.

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Item 9. Changes in and Disagreements with Accountants on Accounting and Financial Disclosures
     None
Item 9A(T). Controls and Procedures
Disclosure controls and procedures
We maintain disclosure controls and procedures that are designed to ensure that information required to be disclosed in our reports under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SEC’s rules and forms, and that such information is accumulated and communicated to management, including our Chief Executive Officer and Treasurer, to allow timely decisions regarding required disclosure. In designing and evaluating our disclosure controls and procedures, our management recognized that any system of controls and procedures, no matter how well designed and operated, can provide only reasonable assurance of achieving the desired control objectives, as ours are designed to do, and management necessarily was required to apply its judgment in evaluating the cost-benefit relationship of possible controls and procedures.
In connection with the preparation of this Annual Report on Form 10-K, an evaluation was performed under the supervision and with the participation of our management, including our Chief Executive Officer and Treasurer, of the effectiveness of the design and operation of our disclosure controls and procedures (as defined in Rule 13a-15(e) under the Exchange Act). Based on that evaluation, our Chief Executive Officer and Treasurer concluded that our disclosure controls and procedures were effective as of the end of the period covered by this Annual Report on Form 10-K to ensure that the information required to be disclosed by us in reports that we file or submit under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the Securities and Exchange Commission’s rules and forms, and to ensure that the information required to be disclosed by us in reports that we file or submit under the Exchange Act is accumulated and communicated to our management, including our Chief Executive Officer and Treasurer, as appropriate, to allow timely decisions regarding required disclosures.
Internal control over financial reporting
  (a)   Management’s Report on Internal Control over Financial Reporting
Our management is responsible for establishing and maintaining adequate internal control over financial reporting as defined in Rule 13a-15(f) under the Exchange Act. Our internal control system is designed to provide reasonable assurance to our management regarding the preparation and fair presentation of published financial statements. All internal control systems, no matter how well designed, have inherent limitations. Therefore, even those systems determined to be effective can provide only reasonable assurance with respect to the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles.
Management has assessed the effectiveness of our internal control over financial reporting as of December 31, 2008. In making its assessment of internal control over financial reporting, management used the criteria set forth in Internal Control - Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).

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Management has concluded that, as of December 31, 2008, our internal control over financial reporting was effective based on these criteria.
This annual report does not include an attestation report of the Partnership’s registered public accounting firm regarding the effectiveness of internal control over financial reporting. Pursuant to temporary rules of the Securities and Exchange Commission, such attestation report is not required to be included in this filing; the Partnership is only required to provide management’s report in this annual report.
  (b)   Changes in internal controls:
There were no significant changes in the Partnership’s internal controls over financial reporting that occurred during our most recent fiscal quarter that materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.
Item 9B. Other Information
     None.
PART III
Item 10. Directors, Executive Officers, and Corporate Governance
(a) & (b) Del Taco serves as the Partnership’s sole general partner. Individuals who perform the functions of directors and officers of the Partnership consist of the following officers of Del Taco:
             
Name   Title   Age
Paul J.B. Murphy, III
  Chief Executive Officer     54  
James W. Lyons
  Chief Development Officer     53  
James D. Stoops
  Executive Vice President, Operations     56  
Janet D. Erickson
  Executive Vice President, Purchasing     52  
Steven L. Brake
  Treasurer     36  
Del Taco’s term as general partner will continue indefinitely, subject to the right of a majority in interest of the limited partners to remove and replace it. The above referenced officers of the General Partner will hold office until their resignation or the election or appointment of their successor.
(c)   None
 
(d)   No family relationship exists between any such officer of the General Partner.
 
(e)   The following is an account of the business experience during the past five years of each such officer:

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Paul J. B. Murphy, III, Chief Executive Officer of Del Taco LLC. Mr. Murphy has served as Chief Executive Officer since February of 2009. He previously served as President and Chief Executive Officer of Einstein Noah Restaurant Group, Inc. (formerly, New World Restaurant Group, Inc.) from October of 2003 to December of 2008.
James W. Lyons, Chief Development Officer of Del Taco LLC. Mr. Lyons has served as Chief Development Officer since September of 2008. He previously served as Chief Operating Officer of Popeyes Chicken and Biscuits (a division of AFC Enterprises, Inc.), from March of 2007 to December of 2007, and as Chief Development Officer of Popeyes Chicken and Biscuits from July of 2004 to March of 2007. Prior to that, he served as Vice President of Development for Domino’s Pizza from 2002 to July of 2004.
James D. Stoops, Executive Vice President, Operations of Del Taco LLC. From 1968 to 1991, Mr. Stoops served in a wide variety of operations positions with Burger King Corporation with increasing levels of responsibility. In 1985, Mr. Stoops was appointed Region Vice President/General Manager for the New York region and served in that position until October of 1990. In January of 1991, he joined Del Taco LLC in his current post.
Janet D. Erickson, Executive Vice President, Purchasing of Del Taco LLC. From 1979 to 1986, Ms. Erickson was with Denny’s Incorporated. She served in the Research and Development department in a variety of positions until 1982 when she was promoted to the position of Purchasing Agent. Ms. Erickson was hired in 1986 as Manager of Contract Purchasing with Carl Karcher Enterprises, a post she held until March 1990 when she became Vice President, Purchasing for Del Taco LLC. Ms. Erickson has a Bachelor of Science degree in Foods and Nutrition from Cal State Polytechnic University in Pomona, California.
Steven L. Brake, Vice President, Treasurer and Controller of Del Taco LLC. Mr. Brake has been Treasurer since March 2006 and previously served as the Corporate Controller of Del Taco LLC from September 2003 to March of 2006. From December 1995 until September 2003 Mr. Brake spent seven years with Arthur Andersen and one year with KPMG LLP in their respective audit departments. Mr. Brake is a licensed certified public accountant and holds a Bachelor of Arts degree in Economics from the University of California, Irvine and an MBA from the Paul Merage School of Business at the University of California, Irvine.
Code of Ethics
The Partnership has no executive officers or any fulltime employees and, accordingly, has not adopted a code of ethics.

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Item 11. Executive Compensation
The Partnership has no executive officers or directors and pays no direct remuneration to any executive officer or director of its General Partner. The Partnership has not issued any options or stock appreciation rights to any executive officer or director of its General Partner, nor does the Partnership propose to pay any annuity, pension or retirement benefits to any executive officer or director of its General Partner. The Partnership has no plan, nor does the Partnership presently propose a plan, which will result in any remuneration being paid to any executive officer or director of the General Partner upon termination of employment.
Item 12. Security Ownership of Certain Beneficial Owners and Management
(a)   No person of record currently owns more than five percent of limited partnership units of the Partnership, nor was any person known of by the Partnership to own of record and beneficially, or beneficially only, more than five percent of such securities.
 
(b)   Neither Del Taco LLC, nor any executive officer or director of Del Taco LLC, owns any limited partnership units of the Partnership.
 
(c)   The Partnership knows of no contractual arrangements, the operation or the terms of which may at a subsequent date result in a change in control of the Partnership, except for provisions in the Partnership agreement providing for removal of the General Partner by holders of a majority of the limited partnership units and if a material event of default occurs under the financing agreements of the General Partner.

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Item 13. Certain Relationships, Related Transactions, and Director Independence
(a)   No transactions have occurred between the Partnership and any executive officer or director of its General Partner.
 
    During 2008, the following transactions occurred between the Partnership and the General Partner pursuant to the terms of the partnership agreement.
  (1)   The General Partner earned $6,501 as its one percent share of the net income of the Partnership.
 
  (2)   The General Partner received $6,042 in distributions relating to its one percent interest in the Partnership.
(b)   During 2008, the Partnership had no business relationships with any entity of a type required to be reported under this item.
 
(c)   Neither the General Partner, any director or officer of the General Partner, or any associate of any such person, was indebted to the Partnership at any time during 2008 for any amount.
 
(d)   Not applicable.
Item 14. Principal Accountant Fees and Services
The following table presents fees for professional services rendered by Squar, Milner, Peterson, Miranda & Williamson, LLP (Squar Milner).
                 
    2008     2007  
Audit Fees
  $ 17,779     $ 14,330  
Audit-Related Fees
    0       0  
Tax Fees
    0       0  
All Other Fees
    0       0  
 
           
 
               
Total
  $ 17,779     $ 14,330  
 
           
The General Partner approves all the audit and non-audit services, and related fees, provided to the Partnership by the independent auditors prior to the services being rendered.

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PART IV
Item 15. Exhibits and Financial Statement Schedules
(a)(1)   Financial Statements
 
    Included in Part II of this report:
 
    Report of Independent Registered Public Accounting Firm — Squar, Milner, Peterson, Miranda & Williamson, LLP
 
    Balance Sheets
 
    Statements of Income
 
    Statements of Partners’ Equity
 
    Statements of Cash Flows
 
    Notes to Financial Statements
 
(a)(2)   Financial Statement Schedule
 
    Schedule III — Real Estate and Accumulated Depreciation
 
    Financial statement schedules other than those referred to above have been omitted because they are not applicable or not required.
 
(b)   Reports on Form 8-K
 
    None
 
(c)   Exhibits required by Item 601 of Regulation S-K:
     
1.
  Incorporated herein by reference, Restated Certificate and Agreement of Limited Partnership of Del Taco Restaurant Properties I filed as Exhibit 3.01 to Partnership’s Registration Statement on Form S-11 as filed with the Securities and Exchange Commission on December 17, 1982.
 
   
2.
  Incorporated herein by reference, Amendment to Restated Certificate and Agreement of Limited Partnership of Del Taco Restaurant Properties I.
 
   
3.
  Incorporated herein by reference, Form of Standard Lease to be entered into by partnership and Del Taco LLC, as lessee, filed as Exhibit 10.02 to Partnership’s Registration Statement on Form S-11 as filed with the Securities and Exchange Commission on December 17, 1982.
 
   
31.1
  Paul J.B. Murphy, III’s Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 
   
31.2
  Steven L. Brake’s Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 
   
32.1
  Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

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DEL TACO RESTAURANT PROPERTIES I
SCHEDULE III — REAL ESTATE AND ACCUMULATED DEPRECIATION
DECEMBER 31, 2008
                                                                         
                            Cost capitalized   Gross amount at                            
            Initial cost   subsequent to   which carried at                            
            to company   acquisition   close of period                           Life on which
            Land   Building &           Land, buildings &                           depreciation in latest
Description           & land   Improve-   Carrying   improvements   Accumulated   Date of   Date   income statement
(All Restaurants)   Encumbrances   improvements   ments   costs   Total   depreciation   construction   acquired   is computed
 
Rialto, CA
  $     $ 274,837     $ 150,310     $     $ 425,147     $ 143,905       1984       1984     20 (LI), 35 (BI)
Moreno Valley, CA
          353,557       193,362             546,919       185,121       1985       1985     20 (LI), 35 (BI)
La Verne, CA
          452,423       247,433             699,856       236,886       1985       1985     20 (LI), 35 (BI)
Rancho Cucamonga, CA
          293,817       160,690       77,203       531,710       153,837       1985       1985     20 (LI), 35 (BI)
Sacramento, CA
          260,516       142,478             402,994       136,408       1985       1985     20 (LI), 35 (BI)
Rancho Cucamonga, CA
          217,332       118,861             336,193       113,800       1985       1985     20 (LI), 35 (BI)
                             
 
                                                                       
 
  $     $ 1,852,482     $ 1,013,134     $ 77,203     $ 2,942,819     $ 969,957                          
                             
                 
            Accumulated
    Restaurants   Depreciation
Balances at December 31, 2005:
  $ 2,865,616     $ 883,113  
Additions
          28,948  
Retirements
           
     
Balances at December 31, 2006:
    2,865,616       912,061  
Additions
          28,948  
Retirements
           
     
Balances at December 31, 2007:
    2,865,616       941,009  
Additions
    77,203       28,948  
Retirements
           
     
Balances at December 31, 2008:
  $ 2,942,819     $ 969,957  
     
The aggregate cost basis of Del Taco Restaurant Properties I real estate assets for Federal income tax purposes was $1,945,955 at December 31, 2008.
See accompanying report of independent registered public accounting firm.

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SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the Partnership has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
         
 
  DEL TACO RESTAURANT PROPERTIES I    
 
  a California limited partnership    
 
       
 
  Del Taco LLC    
 
  General Partner    
 
       
Date July 22, 2009
  Paul J.B. Murphy, III
 
Paul J.B. Murphy, III
   
 
  Chief Executive Officer    
 
       
Date July 22, 2009
  James W. Lyons
 
James W. Lyons
   
 
  Chief Development Officer    
 
       
Date July 22, 2009
  Steven L. Brake
 
Steven L. Brake
   
 
  Treasurer    

28


Table of Contents

EXHIBIT INDEX
         
     
Exhibit   Description
1.
  Incorporated herein by reference, Restated Certificate and Agreement of Limited Partnership of Del Taco Restaurant Properties I filed as Exhibit 3.01 to Partnership’s Registration Statement on Form S-11 as filed with the Securities and Exchange Commission on December 17, 1982.
 
   
2.
  Incorporated herein by reference, Amendment to Restated Certificate and Agreement of Limited Partnership of Del Taco Restaurant Properties I.
 
   
3.
  Incorporated herein by reference, Form of Standard Lease to be entered into by partnership and Del Taco LLC, as lessee, filed as Exhibit 10.02 to Partnership’s Registration Statement on Form S-11 as filed with the Securities and Exchange Commission on December 17, 1982.
 
   
31.1
  Paul J.B. Murphy, III Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 
   
31.2
  Steven L. Brake’s Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 
   
32.1
  Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

29

EX-31.1 2 a53190kaexv31w1.htm EX-31.1 exv31w1
Exhibit 31.1
CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECURITIES
ACT RULES 13A-14 AND 15D-14 AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
I, Paul J.B. Murphy III, certify that:
  1.   I have reviewed this Amendment No. 1 to the annual (“report”) on Form 10-K/A of Del Taco Restaurant Properties I;
 
  2.   Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
 
  3.   Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
 
  4.   The registrant’s other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
  a)   Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
  b)   Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;
 
  c)   Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and
 
  d)   Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and
  5.   The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function):
  a)   All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and
 
  b)   Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
         
Date: July 22, 2009
  /s/ Paul J.B. Murphy, III
 
Paul J.B. Murphy, III
   
 
  Chief Executive Officer    

 

EX-31.2 3 a53190kaexv31w2.htm EX-31.2 exv31w2
Exhibit 31.2
CERTIFICATION OF TREASURER PURSUANT TO SECURITIES
ACT RULES 13A-14 AND 15D-14 AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
I, Steven L. Brake, certify that:
  1.   I have reviewed this Amendment No. 1 to the annual (“report”) on Form 10-K/A of Del Taco Restaurant Properties I;
 
  2.   Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
 
  3.   Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
 
  4.   The registrant’s other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
  a)   Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
  b)   Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;
 
  c)   Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and
 
  d)   Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and
  5.   The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function)
  a)   All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and
 
  b)   Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
         
Date: July 22, 2009
  /s/ Steven L. Brake
 
Steven L. Brake
   
 
  Treasurer    

 

EX-32.1 4 a53190kaexv32w1.htm EX-32.1 exv32w1
Exhibit 32.1
CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
UNITED STATES CODE)
In connection with this Amendment No. 1 to the Annual Report of Del Taco Restaurant Properties I (the “Partnership”) on Form 10-K/A for the year ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned officers of the Partnership, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
     (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
     (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the partnership.
         
Date: July 22, 2009
  /s/ Paul J.B. Murphy, III
 
Paul J.B. Murphy, III
   
 
  Chief Executive Officer    
 
       
Date: July 22, 2009
  /s/ Steven L. Brake
 
Steven L. Brake
   
 
  Treasurer    
A signed original of this written statement required by Section 906 has been provided to the Partnership and will be retained by the Partnership and furnished to the Securities and Exchange Commission or its staff upon request.

 

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