-----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, M0nMcmFoVqkms2lkhDURIhdm1q1v/kp29wDcfS+VO2k0sDmnZBF+JzXrpAdQuoGl JsDjOBF7nhN6SLML5egZxw== 0000950137-06-012310.txt : 20061113 0000950137-06-012310.hdr.sgml : 20061113 20061113143135 ACCESSION NUMBER: 0000950137-06-012310 CONFORMED SUBMISSION TYPE: 10-Q PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20060930 FILED AS OF DATE: 20061113 DATE AS OF CHANGE: 20061113 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DEL TACO RESTAURANT PROPERTIES III CENTRAL INDEX KEY: 0000786360 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE [6500] IRS NUMBER: 330139247 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 000-16851 FILM NUMBER: 061207994 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 AVE CITY: ORANGE STATE: CA ZIP: 92667 10-Q 1 a25134e10vq.htm FORM 10-Q FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2006 e10vq
Table of Contents

 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q
 
(Mark one)
x   QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 
For the quarterly period ended September 30, 2006
 
OR
 
o   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. 0-16851
 
DEL TACO RESTAURANT PROPERTIES III
a California limited partnership
(Exact name of registrant as specified in its charter)
 
     
California
(State or other jurisdiction of
incorporation or organization)
  33-0139247
(I.R.S. Employer
Identification Number)
     
25521 Commercentre Drive, Lake Forest, California
(Address of principal executive offices)
  92630
(Zip Code)
 
(949) 462-9300
(Registrant’s telephone number, including area code)
 
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 þ  No o
 
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer. See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act (check one):
Large accelerated filer o     Accelerated filer o     Non-accelerated filer þ
 
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).  Yes o  No þ
 


 

INDEX
DEL TACO RESTAURANT PROPERTIES III
         
    PAGE NUMBER
       
 
       
       
 
       
    3  
 
       
    4  
 
       
    5  
 
       
    6  
 
       
    9  
 
       
    12  
 
       
    12  
 
       
       
 
       
    13  
 
       
    14  
 Exhibit 31.1
 Exhibit 31.2
 Exhibit 32.1

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PART I. FINANCIAL INFORMATION
ITEM I. FINANCIAL STATEMENTS
DEL TACO RESTAURANT PROPERTIES III
CONDENSED BALANCE SHEETS
                 
    September 30,     December 31,  
    2006     2005  
    (Unaudited)          
ASSETS
               
CURRENT ASSETS:
               
Cash
  $ 331,870     $ 345,363  
Receivable from Del Taco LLC
    85,767       91,372  
Deposits
    2,088       1,000  
 
           
Total current assets
    419,725       437,735  
 
           
 
               
RESTRICTED CASH
    86,017       90,585  
 
           
 
               
PROPERTY AND EQUIPMENT:
               
Land and improvements
    4,405,966       4,405,966  
Buildings and improvements
    2,954,959       2,954,959  
Machinery and equipment
    1,522,922       1,522,922  
 
           
 
    8,883,847       8,883,847  
Less—accumulated depreciation
    3,556,866       3,471,936  
 
           
 
    5,326,981       5,411,911  
 
           
 
  $ 5,832,723     $ 5,940,231  
 
           
 
               
LIABILITIES AND PARTNERS’ EQUITY
               
 
               
CURRENT LIABILITIES:
               
Payable to limited partners
  $ 70,005     $ 77,957  
Accounts payable
    11,447       11,587  
 
           
Total current liabilities
    81,452       89,544  
 
           
 
               
OBLIGATION TO GENERAL PARTNER
    577,510       577,510  
 
           
 
               
PARTNERS’ EQUITY:
               
Limited partners; 47,261 and 47,291 units outstanding at September 30, 2006 and December 31, 2005, respectively
    5,217,436       5,315,904  
General partner-Del Taco LLC
    (43,675 )     (42,727 )
 
           
 
    5,173,761       5,273,177  
 
           
 
               
 
  $ 5,832,723     $ 5,940,231  
 
           
See accompanying notes to condensed financial statements.

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DEL TACO RESTAURANT PROPERTIES III
CONDENSED STATEMENTS OF INCOME
(Unaudited)
                                 
    Three Months Ended     Nine Months Ended  
    September 30,     September 30,  
    2006     2005     2006     2005  
RENTAL REVENUES
  $ 266,032     $ 281,839     $ 792,134     $ 824,501  
 
                       
 
                               
EXPENSES:
                               
General and administrative
    12,586       10,491       68,390       64,313  
Depreciation
    28,310       28,310       84,930       84,930  
 
                       
 
    40,896       38,801       153,320       149,243  
 
                       
 
                               
Operating income
    225,136       243,038       638,814       675,258  
 
                               
OTHER INCOME:
                               
Interest
    2,383       1,352       6,024       4,232  
Other
    1,050       425       2,225       1,675  
 
                       
 
                               
Net income
  $ 228,569     $ 244,815     $ 647,063     $ 681,165  
 
                       
 
                               
Net income per limited partnership unit (note 3)
  $ 4.79     $ 5.13     $ 13.55     $ 14.26  
 
                       
 
                               
Number of units used in computing per unit amounts
    47,261       47,291       47,271       47,291  
 
                       
See accompanying notes to condensed financial statements.

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DEL TACO RESTAURANT PROPERTIES III
CONDENSED STATEMENTS OF CASH FLOWS
(Unaudited)
                 
    Nine Months Ended  
    September 30,  
    2006     2005  
CASH FLOWS FROM OPERATING ACTIVITIES:
               
 
               
Net income
  $ 647,063     $ 681,165  
Adjustments to reconcile net income to net cash provided by operating activities:
               
Depreciation
    84,930       84,930  
Changes in operating assets and liabilities:
               
Receivable from Del Taco LLC
    5,605       (3,715 )
Deposits
    (1,088 )     664  
Payable to limited partners
    (7,952 )     6,188  
Accounts payable
    (140 )     (5,075 )
 
           
 
               
Net cash provided by operating activities
    728,418       764,157  
 
               
CASH FLOWS FROM INVESTING ACTIVITIES:
               
 
               
Decrease in restricted cash
    4,568        
 
           
 
               
CASH FLOWS FROM FINANCING ACTIVITIES:
               
 
               
Redemption of limited partnership units
    (4,568 )      
Cash distributions to partners
    (741,911 )     (737,266 )
 
           
 
               
Net cash used by financing activities
    (746,479 )     (737,266 )
 
           
 
               
Net increase (decrease) in cash
    (13,493 )     26,891  
 
               
Beginning cash balance
    345,363       321,471  
 
           
 
               
Ending cash balance
  $ 331,870     $ 348,362  
 
           
See accompanying notes to condensed financial statements.

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DEL TACO RESTAURANT PROPERTIES III
NOTES TO CONDENSED FINANCIAL STATEMENTS
FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 2006 AND 2005
UNAUDITED
NOTE 1 — BASIS OF PRESENTATION
The accompanying unaudited condensed financial statements have been prepared in accordance with accounting principles generally accepted in the United States of America for interim financial information and with the instructions to Form 10-Q and Article 10 of Regulation S-X. Accordingly, they do not include all of the information and footnotes required by accounting principles generally accepted in the United States of America for complete financial statements and should therefore be read in conjunction with the financial statements and notes thereto contained in the annual report on Form 10-K for the year ended December 31, 2005 for Del Taco Restaurant Properties III (the Partnership or the Company). In the opinion of management, all adjustments (consisting of normal recurring accruals) necessary to present fairly the Partnership’s financial position at September 30, 2006, the results of operations for the three and nine month periods ended September 30, 2006 and 2005 and cash flows for the nine month periods ended September 30, 2006 and 2005 have been included. Operating results for the three and nine months ended September 30, 2006 are not necessarily indicative of the results that may be expected for the year ending December 31, 2006.
NOTE 2 — RESTRICTED CASH
At September 30, 2006 and December 31, 2005, the Partnership had restricted cash balances of $86,017 and $90,585, respectively. The restricted cash results from a death and disability fund that the Company is required to maintain under the terms of the Partnership agreement. Such fund is maintained in an interest bearing account at a major commercial bank. A limited partner has the right, under certain circumstances involving such limited partner’s death or disability, to tender to the Partnership for redemption all of the units owned of record by such limited partner. The redemption price will be equal to the partners capital account balance as of the redemption date. The death and disability fund was established in 1987. The fund was limited to two percent of the gross proceeds from sale of the limited partnership units. Requests for redemption made after the funds in the death and disability fund are depleted will not be accepted.
NOTE 3 — 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 47,271 and 47,291 in 2006 and 2005, respectively.
Pursuant to the partnership agreement, annual partnership income or loss is allocated one percent to Del Taco LLC (Del Taco or the General Partner), formerly known as Del Taco, Inc., 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, distributions and syndication costs, and until each class of limited partners receive their priority return as defined in the partnership agreement. Additional gains will be allocated 15 percent to the General Partner and 85 percent to the limited partners.

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DEL TACO RESTAURANT PROPERTIES III
NOTES TO CONDENSED FINANCIAL STATEMENTS — CONTINUED
FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 2006 AND 2005
UNAUDITED
NOTE 4 — 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 terminate in the years 2021 to 2024. There is no minimum rental payments required under any of the leases.
For the three months ended September 30, 2006, the nine restaurants operated by Del Taco, for which the Partnership is the lessor, had combined, unaudited sales of $2,216,929 and unaudited net income of $50,018, as compared to $2,348,656 and $177,873, respectively, for the corresponding period in 2005. 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 year primarily relates to additional interest expense from the debt that was issued in connection with the acquisition of Del Taco (see Note 8).
For the nine months ended September 30, 2006, the nine restaurants operated by Del Taco, for which the Partnership is the lessor, had combined, unaudited sales of $6,601,119 and unaudited net income of $284,512, as compared to $6,870,845 and $511,974, respectively, for the corresponding period in 2005. 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 year primarily relates to additional interest expense from the debt that was issued in connection with the acquisition of Del Taco (see Note 8).

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DEL TACO RESTAURANT PROPERTIES III
NOTES TO CONDENSED FINANCIAL STATEMENTS — CONTINUED
FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 2006 AND 2005
UNAUDITED
NOTE 5 — TRANSACTIONS WITH DEL TACO
The receivable from Del Taco consists primarily of rent accrued for the month of September 2006. The September rent was collected in October 2006.
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 for operation under the Del Taco trade name.
In addition, see Note 6 with respect to certain distributions to the General Partner.
NOTE 6 — DISTRIBUTIONS
On October 24, 2006, a distribution to the limited partners of $254,630, or approximately $5.39 per limited partnership unit, was approved. Such distribution was paid on October 31, 2006. The General Partner also received a distribution of $2,572 with respect to its 1% partnership interest. Total cash distributions paid in January, April and July 2006 were $262,749, $235,263 and $243,899, respectively.
NOTE 7 — 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 6 months or longer.
NOTE 8 — CONCENTRATION OF RISK
The 9 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 during the three and nine months ended September 30, 2006 and 2005. Therefore, the business of the Partnership is entirely dependent on the success of the Del Taco trade name restaurants that lease the properties.
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 Acquisitions II, Inc. The transaction was consummated on March 29, 2006 and is not expected to have any impact on the financial position, results of operations or cash flows of the Partnership.

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Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations
Liquidity and Capital Resources
Del Taco Restaurant Properties III (the Partnership or the Company) offered limited partnership units for sale between February 1986 and June 1987. In total, $12 million was raised through the sale of limited partnership units and used to acquire sites, build ten restaurants, pay commissions to brokers and to reimburse Del Taco LLC (the General Partner or Del Taco) for offering costs incurred. In February of 1992, approximately $281,000 raised during the offering but not required to acquire sites and build restaurants was distributed to the limited partners. One restaurant was sold in November 1997.
The nine 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 the Del Taco trade name restaurants that lease the properties. The success of the restaurants is dependent on a large variety of factors, including, but not limited to, competition, consumer demand and preference for fast food, in general, and for Mexican-American food in particular.
As described in Note 2 to the Notes to the Financial Statements, the Partnership has a death and disability redemption fund with a remaining balance totaling $86,017 at September 30, 2006. Investors should contact the General Partner with all questions regarding the eligibility of a limited partner or the estate of a deceased limited partner to participate in the redemption fund.

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Item 2.   Management’s Discussion and Analysis of Financial Condition and Results of Operations — continued
Results of Operations
The Partnership owns nine properties that are under long-term lease to Del Taco for restaurant operations.
The following table sets forth rental revenue earned by restaurant for the three and nine months ended September 30, 2006 and 2005:
                                 
    Three Months Ended     Nine Months Ended  
    September 30,     September 30,  
    2006     2005     2006     2005  
Rancho California Plaza, Rancho California, CA
  $ 43,276     $ 44,197     $ 125,163     $ 129,876  
East Vista Way, Vista, CA
    22,803       23,355       66,064       69,572  
Plaza at Puente Hills, Industry, CA
    19,615       21,290       58,597       59,099  
4th Street, Perris, CA
    37,019       40,492       111,807       118,818  
Foothill Blvd., Upland, CA
    33,251       32,456       97,123       97,467  
East Valley Blvd., Walnut, CA
    16,917       15,167       48,397       45,798  
Lassen Street, Chatsworth, CA
    36,437       41,365       107,354       118,095  
Hesperia Road, Victorville, CA
    35,932       41,765       117,552       120,607  
W. Sepulveda Blvd., Los Angeles, CA
    20,782       21,752       60,077       65,169  
 
                       
Total
  $ 266,032     $ 281,839     $ 792,134     $ 824,501  
 
                       
The Partnership receives rental revenues equal to 12 percent of gross sales from the restaurants. The Partnership earned rental revenue of $266,032 during the three month period ended September 30, 2006, which represents a decrease of $15,807 from the corresponding period in 2005. The Partnership earned rental revenue of $792,134 during the nine month period ended September 30, 2006, which represents a decrease of $32,367 from the corresponding period in 2005. The decreases in rental revenues are directly attributable to changes in sales levels at the restaurants under lease due to local competitive and industry factors.

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Item 2.   Management’s Discussion and Analysis of Financial Condition and Results of Operations — continued
The following table breaks down general and administrative expenses by type of expense:
                                 
    Percent of Total  
    General & Administrative Expense  
    Three Months Ended     Nine Months Ended  
    September 30,     September 30,  
    2006     2005     2006     2005  
Accounting fees
    44.85 %     57.92 %     65.80 %     68.80 %
Distribution of information to Limited Partners
    35.29 %     42.08 %     30.54 %     31.20 %
Independent Appraisals
    19.86 %     0.00 %     3.66 %     0.00 %
 
                       
 
                               
 
    100.00 %     100.00 %     100.00 %     100.00 %
 
                       
General and administrative costs for the three month period ended September 30, 2006 increased from the corresponding period in the previous year due to the cost of an independent appraisal on one of the leased properties in 2006 and increased distribution costs, partially offset by decreased auditing and printing costs.
General and administrative costs for the nine month period ended September 30, 2006 increased from the corresponding period in the previous year due to the cost of an independent appraisal on one of the leased properties in 2006 and increased auditing and distribution costs, partially offset by decreased printing costs and software licensing fees.
For the three month period ended September 30, 2006, net income decreased by $16,246 from 2005 to 2006 due to the decrease in revenues of $15,807 and the increase in general and administrative expenses of $2,095, partially offset by the increase in interest and other income of $1,656. For the nine month period ended September 30, 2006, net income decreased by $34,102 from 2005 to 2006 due to a decrease in revenues of $32,367 and the increase in general and administrative expenses of $4,077, partially offset by the increase in interest and other income of $2,342.
Recent Accounting Pronouncements
None.
Off-Balance Sheet Arrangements
None.
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-Q 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 the Partnership’s December 31, 2005 Form 10-K.

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Item 2.   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, estimated costs of construction and development, 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 3. Quantitative and Qualitative Disclosures About Market Risk.
None.
Item 4. Controls and Procedures
(a) Evaluation of disclosure controls and procedures:
As of the end of the period covered by this quarterly report, we carried out an evaluation, under the supervision and with the participation of the Company’s management, including the Company’s President and Treasurer, of the effectiveness of the design and operation of the Company’s disclosure controls and procedures. Based upon that evaluation, the President and Treasurer concluded that the Company’s disclosure controls and procedures are effective in timely alerting them to material information relating to the Company required to be included in the Company’s periodic Securities and Exchange Commission filings.
(b) Changes in internal controls:
There were no significant changes in the Company’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.
(c) Asset-Backed issuers:
Not applicable.

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Table of Contents

PART II. OTHER INFORMATION
There is no information required to be reported for any items under Part II, except as follows:
Item 6. Exhibits and Reports
     (a) Exhibits
  31.1   Shirlene Lopez’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 Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
     (b) Reports
          None.

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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
         
  DEL TACO RESTAURANT PROPERTIES III
(a California limited partnership)
Registrant


Del Taco LLC
General Partner
 
 
Date: November 13, 2006  /s/ Steven L. Brake    
  Steven L. Brake   
  Treasurer   

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Exhibit Index
     
Exhibits   Description
31.1
  Shirlene Lopez’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 Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

 

EX-31.1 2 a25134exv31w1.htm EXHIBIT 31.1 exv31w1
 

Exhibit 31.1
CERTIFICATION OF PRESIDENT PURSUANT TO SECURITIES ACT
RULES 13A-14 AND 15D-14 AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
I, Shirlene Lopez, President of Del Taco Restaurant Properties III (the “registrant”), certify that:
  1.   I have reviewed this quarterly report on Form 10-Q of Del Taco Restaurant Properties III;
 
  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)) 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)   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
 
  c)   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 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 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 controls over financial reporting.
         
     
Date: November 13, 2006   /s/ Shirlene Lopez    
  Shirlene Lopez   
  President   

 

EX-31.2 3 a25134exv31w2.htm EXHIBIT 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, Treasurer of Del Taco Restaurant Properties III (the “registrant”), certify that:
  1.   I have reviewed this quarterly report on Form 10-Q of Del Taco Restaurant Properties III;
 
  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)) 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)   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
 
  c)   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 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 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 controls over financial reporting.
         
     
Date: November 13, 2006  /s/ Steven L. Brake    
  Steven L. Brake   
  Treasurer   

 

EX-32.1 4 a25134exv32w1.htm EXHIBIT 32.1 exv32w1
 

         
Exhibit 32.1
CERTIFICATION 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 the Quarterly Report of Del Taco Restaurant Properties III (the “Company”) on Form 10-Q for the period ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned officers of the Company, 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 Company.
         
     
Date: November 13, 2006  /s/ Shirlene Lopez    
  Shirlene Lopez   
  President   
 
     
Date: November 13, 2006  /s/ Steven L. Brake    
  Steven L. Brake   
  Treasurer   
 
A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

 

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