-----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, IiPNqVdaouiIiJh768OrHFSK2zPHJij6yF+CKjFSYt6KDww5T3wub3TXc/wldrra thyD3fx2xTWqF5VewqXzCQ== 0000950137-07-004282.txt : 20070323 0000950137-07-004282.hdr.sgml : 20070323 20070323164809 ACCESSION NUMBER: 0000950137-07-004282 CONFORMED SUBMISSION TYPE: 10-K PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20061231 FILED AS OF DATE: 20070323 DATE AS OF CHANGE: 20070323 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-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-16851 FILM NUMBER: 07715706 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-K 1 a28553e10vk.htm FORM 10-K Del Taco Restaurant Properties III
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM 10-K
 
(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, 2006
 
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. 0-16851
 
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)
 
 
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 30, 1985 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, or a non-accelerated filer. See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act.
 
Large accelerated filer           Accelerated filer           Non-accelerated filer  X 
 
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

PART I
Item 1. Business
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
PART I. INFORMATION
Item 9A. Controls and Procedures
Item 9B. Other Information
PART III
Item 10. Directors and Executive Officers
Item 11. Executive Compensation
Item 12. Security Ownership of Certain Beneficial Owners and Management and Related Security Holder Matters
Item 13. Certain Relationships and Related Transactions
Item 14. Principal Accountant Fees and Services
PART IV
Item 15. Exhibits, Financial Statements Schedules, and Reports on Form 8-K
SIGNATURES
EXHIBIT INDEX
EXHIBIT 31.1
EXHIBIT 31.2
EXHIBIT 32.1


Table of Contents

PART I
Item 1. Business
Del Taco Restaurant Properties III (the Partnership) 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 48,000 units totaling $12 million through an offering of limited partnership units from February 1986 through June 1987. The term of the partnership agreement is until December 31, 2025, 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 ten 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. The restaurant originally built in Twentynine Palms was sold in November 1997 and net proceeds from the sale were distributed to the partners. As of December 31, 2006, the Partnership had a total of nine properties leased to Del Taco.
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.

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Item 2. Properties
The Partnership acquired ten properties with proceeds obtained from the sale of limited partnership units:
                 
                Date of
            Restaurant   Commencement of
Address   City, State   Date of Acquisition   Constructed   Operation (1)
Rancho California Plaza
  Rancho California, CA   December 23, 1986   60 seat with drive through service window   July 14, 1987
 
               
East Vista Way
  Vista, CA   February 24, 1987   60 seat with drive through service window   September 10, 1987
 
               
4th Street
  Perris, CA   June 24, 1987   60 seat with drive through service window   December 16, 1987
 
               
Foothill Boulevard
  Upland, CA   August 3, 1987   60 seat with drive through service window   January 12, 1988
 
               
Plaza at Puente Hills
  Industry, CA   May 12, 1987   60 seat with drive through service window   February 24, 1988
 
               
Twentynine Palms Highway
  Twentynine Palms, CA   December 14, 1987   60 seat with drive through service window   May 17, 1988 (2)
 
               
East Valley Boulevard
  Walnut, CA   April 29, 1988   60 seat with drive through service window   August 31, 1988
 
               
West Sepulveda Boulevard
  Los Angeles, CA   July 8, 1988   60 seat with drive through service window   January 12, 1989 (3)
 
               
Lassen Street
  Chatsworth, CA   January 27, 1989   60 seat with drive through service window   August 21, 1989
 
               
Hesperia Road
  Victorville, CA   December 29, 1989   100 seat with drive through service window   July 5, 1990
See also Schedule III – Real Estate and Accumulated Depreciation included in Item 8.

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Item 2. Properties – (Continued)
 
(1)   Commencement of operation is the first date Del Taco, as lessee, operated the facility on the site as a Del Taco restaurant.
 
(2)   In November 1997, the Twentynine Palms property was sold yielding net proceeds to the Partnership of $278,612.
 
(3)   The restaurant was subleased to a franchisee of Del Taco and the restaurant operated as a Del Taco restaurant. On December 29, 1999 the franchise agreement for this restaurant expired. Del Taco began operation of this restaurant as a company-managed facility on December 29, 1999.
Item 3. Legal Proceedings
The Partnership is not a party to any material pending legal proceedings.
Item 4. Submission of Matters to a Vote of Security Holders
None.
PART II
Item 5. Market for the Partnership’s Common Equity, Related Security Holder Matters and Issuer Purchases of Equity Securities
The Partnership sold 48,000 ($12,000,000) limited partnership units during the public offering period ended June 1, 1987 and currently has 1,249 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 Notes 6 and 8 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, 2006, 2005, 2004, 2003 and 2002, 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.

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Item 6. Selected Financial Data – (Continued)
                                         
    Years Ended December 31,  
    2006     2005     2004     2003     2002  
Rental revenues
  $ 1,051,407     $ 1,097,579     $ 1,058,765     $ 963,185     $ 880,979  
General and administrative expense
    80,994       76,608       80,793       75,627       60,889  
Depreciation expense
    113,240       113,240       113,240       113,241       113,241  
Interest and other income
    14,217       8,027       6,056       5,481       6,742  
Net income
    871,390       915,758       870,788       779,798       713,591  
Net income per limited partnership unit
    18.25       19.17       18.23       16.32       14.93  
Cash distributions per limited partnership unit
    20.93       21.12       20.63       17.77       16.89  
Total assets
    5,808,219       5,940,231       6,027,167       6,120,754       6,188,280  
Long-term obligations
    577,510       577,510       577,510       577,510       577,510  
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 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 as the operator of the 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
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.

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Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations - (Continued)
Liquidity and Capital Resources – (Continued)
As described in note 6 to the Notes to the Financial Statements contained under Item 8, the Partnership has a death and disability redemption fund totaling $86,017 at December 31, 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. 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.
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 nine properties that are under long-term lease to Del Taco for restaurant operations.
The following table sets forth rental revenues earned by restaurant by year:
                         
    Years Ended December 31,  
    2006     2005     2004  
Rancho California Plaza, Rancho California, CA
  $ 168,025     $ 174,136     $ 170,619  
East Vista Way, Vista, CA
    88,636       91,999       92,427  
Plaza at Puente Hills, Industry, CA
    78,322       78,765       70,915  
4th Street, Perris, CA
    146,059       157,734       158,927  
Foothill Blvd., Upland, CA
    129,572       129,857       122,081  
East Valley Blvd., Walnut, CA
    65,133       61,122       65,018  
Lassen Street, Chatsworth, CA
    142,735       155,086       146,559  
Hesperia Road, Victorville, CA
    153,014       162,898       147,447  
W. Sepulveda Blvd., Los Angeles, CA
    79,911       85,982       84,772  
 
                 
Total
  $ 1,051,407     $ 1,097,579     $ 1,058,765  
 
                 

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Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations — (Continued)
Results of Operations – (Continued)
The Partnership earns rental revenues equal to 12 percent of gross sales from the restaurants. The Partnership earned rental revenues of $1,051,407 during the year ended December 31, 2006, which represents a decrease of $46,172 from 2005. The decrease in rental revenues was caused by a decrease in sales at the restaurants under lease due to local competitive and industry factors.
The Partnership earned rental revenues of $1,097,579 during the year ended December 31, 2005, which represents an increase of $38,814 from 2004. 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,
    2006   2005   2004
Accounting fees
    54.86 %     54.49 %     47.28 %
Distribution of information to limited partners
    40.54       43.98       43.44  
Independent appraisals
    3.25             7.91  
Other
    1.35       1.53       1.37  
 
                       
 
    100.00       100.00       100.00  
 
                       
General and administrative costs increased by $4,386 from 2005 to 2006. The increase was caused primarily by the cost of an independent appraisal on a leased property in 2006 and increased costs for annual audit fees.
General and administrative costs decreased by $4,185 from 2004 to 2005. The decrease was caused primarily by the cost of independent appraisals on two of the leased properties in 2004, partially offset by increased costs for annual audit, software licensing and accounting fees.
Depreciation expense was the same in 2006, 2005, and 2004.
Net income decreased by $44,368 from 2005 to 2006 primarily due to the decrease in revenues of $46,172 and the increase in general and administrative expenses of $4,386, partially offset by the increase in other income of $6,190.
Net income increased by $44,970 from 2004 to 2005 primarily due to the increases in revenues of $38,814 and other income of $1,971, and the $4,185 decrease in general and administrative expenses.

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Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations - (Continued)
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.
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
PART I. INFORMATION
         
INDEX   PAGE NUMBER
Report of Independent Registered Public Accounting Firm – Squar, Milner, Peterson, Miranda & Williamson, LLP
    10  
Report of Independent Registered Public Accounting Firm – KPMG LLP
    11  
Balance Sheets at December 31, 2006 and 2005
    12  
Statements of Income for the years ended December 31, 2006, 2005 and 2004
    13  
Statements of Partners’ Equity for the years ended December 31, 2006, 2005 and 2004
    14  
Statements of Cash Flows for the years ended December 31, 2006, 2005 and 2004
    15  
Notes to Financial Statements
    16-21  
Schedule III – Real Estate and Accumulated Depreciation
    27  

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Report of Independent Registered Public Accounting Firm
To the Partners of
Del Taco Restaurant Properties III:
We have audited the accompanying balance sheets of Del Taco Restaurant Properties III (a California Limited Partnership) as of December 31, 2006 and 2005, and the related statements of income, partners’ equity, and cash flows for the years then ended. In connection with our audits of the financial statements, we have also audited the 2006 and 2005 information in the accompanying financial statement schedule 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 provides 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 III as of December 31, 2006 and 2005, and the results of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. Also in our opinion, the 2006 and 2005 information in 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.
/s/ Squar, Milner, Peterson, Miranda & Williamson, LLP
Newport Beach, California
February 14, 2007

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Report of Independent Registered Public Accounting Firm
To the Partners of
Del Taco Restaurant Properties III:
We have audited the accompanying statements of income, partners’ equity and cash flows of Del Taco Restaurant Properties III for the year ended December 31, 2004. In connection with our audit of the financial statements, we have also audited the 2004 information in the accompanying financial statement schedule. These financial statements and financial statement schedule are the responsibility of the Company’s management. Our responsibility is to express an opinion on these financial statements and financial statement schedule based on our audit.
We conducted our audit 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 audit provides a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the results of operations and the cash flows of Del Taco Restaurant Properties III for the year ended December 31, 2004, in conformity with U.S. generally accepted accounting principles. Also in our opinion, the 2004 information in 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.
/s/ KPMG LLP
Costa Mesa, California
March 4, 2005

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DEL TACO RESTAURANT PROPERTIES III
BALANCE SHEETS
                 
    December 31,  
    2006     2005  
ASSETS
               
CURRENT ASSETS:
               
Cash
  $ 335,050     $ 345,363  
Receivable from Del Taco LLC
    86,610       91,372  
Deposits
    1,871       1,000  
 
           
Total current assets
    423,531       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
    3,585,176       3,471,936  
 
           
 
    5,298,671       5,411,911  
 
           
 
               
 
  $ 5,808,219     $ 5,940,231  
 
           
 
               
LIABILITIES AND PARTNERS’ EQUITY
               
CURRENT LIABILITIES:
               
Payable to limited partners
  $ 73,346     $ 77,957  
Accounts payable
    16,478       11,587  
 
           
Total current liabilities
    89,824       89,544  
 
           
 
               
OBLIGATION TO GENERAL PARTNER
    577,510       577,510  
 
           
 
               
PARTNERS’ EQUITY:
               
Limited partners; 47,261 and 47,291 units outstanding at December 31, 2006 and 2005
    5,184,889       5,315,904  
General partner-Del Taco LLC
    (44,004 )     (42,727 )
 
           
 
    5,140,885       5,273,177  
 
           
 
               
 
  $ 5,808,219     $ 5,940,231  
 
           
See accompanying notes to financial statements.

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DEL TACO RESTAURANT PROPERTIES III
STATEMENTS OF INCOME
                         
    Years Ended December 31,  
    2006     2005     2004  
RENTAL REVENUES
  $ 1,051,407     $ 1,097,579     $ 1,058,765  
 
                 
 
                       
EXPENSES:
                       
General and administrative
    80,994       76,608       80,793  
Depreciation
    113,240       113,240       113,240  
 
                 
 
    194,234       189,848       194,033  
 
                 
 
                       
Operating income
    857,173       907,731       864,732  
 
                       
OTHER INCOME:
                       
Interest
    8,167       5,677       3,880  
Other
    6,050       2,350       2,176  
 
                 
 
                       
Net income
  $ 871,390     $ 915,758     $ 870,788  
 
                 
 
                       
Net income per limited partnership unit (note 2)
  $ 18.25     $ 19.17     $ 18.23  
 
                 
 
                       
Number of limited partnership units used in computing per unit amounts
    47,269       47,291       47,291  
 
                 
See accompanying notes to financial statements.

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DEL TACO RESTAURANT PROPERTIES III
STATEMENTS OF PARTNERS’ EQUITY
Years Ended December 31, 2006, 2005, and 2004
                                 
    Limited Partners     General        
    Units     Amount     Partner     Total  
Balance, December 31, 2003
    47,291     $ 5,521,960     $ (40,647 )   $ 5,481,313  
Net Income
          862,080       8,708       870,788  
Cash Distributions
          (975,782 )     (9,856 )     (985,638 )
 
                       
Balance, December 31, 2004
    47,291       5,408,258       (41,795 )     5,366,463  
Net Income
          906,600       9,158       915,758  
Cash Distributions
          (998,954 )     (10,090 )     (1,009,044 )
 
                       
Balance, December 31, 2005
    47,291       5,315,904       (42,727 )     5,273,177  
Net Income
          862,676       8,714       871,390  
Redemption of Units
    (30 )     (4,568 )           (4,568 )
Cash Distributions
          (989,123 )     (9,991 )     (999,114 )
 
                       
Balance, December 31, 2006
    47,261     $ 5,184,889     $ (44,004 )   $ 5,140,885  
 
                       
See accompanying notes to financial statements.

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DEL TACO RESTAURANT PROPERTIES III
STATEMENTS OF CASH FLOWS
                         
    Years Ended December 31,  
    2006     2005     2004  
CASH FLOWS FROM OPERATING ACTIVITIES:
                       
 
                       
Net income
  $ 871,390     $ 915,758     $ 870,788  
Adjustments to reconcile net income to net cash provided by operating activities:
                       
Depreciation
    113,240       113,240       113,240  
Changes in operating assets and liabilities:
                       
Receivable from Del Taco LLC
    4,762       (3,297 )     1,274  
Deposits
    (871 )     885       (576 )
Payable to limited partners
    (4,611 )     12,206       10,871  
Accounts payable
    4,891       (5,856 )     10,392  
 
                 
 
                       
Net cash provided by operating activities
    988,801       1,032,936       1,005,989  
 
                 
 
                       
CASH FLOWS FROM INVESTING ACTIVITIES:
                       
 
                       
Decrease in restricted cash
    4,568              
 
                 
 
                       
CASH FLOWS FROM FINANCING ACTIVITIES:
                       
 
                       
Cash distributions to partners
    (999,114 )     (1,009,044 )     (985,638 )
Redemption of limited partnership units
    (4,568 )            
 
                 
 
                       
Net cash used by financing activities
    (1,003,682 )     (1,009,044 )     (985,638 )
 
                 
 
                       
Net (decrease) increase in cash
    (10,313 )     23,892       20,351  
 
                       
Beginning cash balance
    345,363       321,471       301,120  
 
                 
 
                       
Ending cash balance
  $ 335,050     $ 345,363     $ 321,471  
 
                 
See accompanying notes to financial statements.

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DEL TACO RESTAURANT PROPERTIES III
NOTES TO FINANCIAL STATEMENTS
NOTE 1 — ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The Partnership: Del Taco Restaurant Properties III, a California limited partnership, (the Partnership) was formed on December 19, 1985, for the purpose of acquiring real property in California for construction of ten 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. As of July 5, 1990, all ten restaurants had commenced operation on acquired properties. In November 1997, the Twentynine Palms property was sold yielding net proceeds of $278,612. As of December 31, 2006, Del Taco Restaurant Properties III had nine properties in operation. The term of the partnership agreement is until December 31, 2025 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 III
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 7).
Net Income Per Limited Partnership Unit: The 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 units outstanding during the periods presented which amounted to 47,269, 47,291 and 47,291 in 2006, 2005 and 2004, respectively.
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 nine 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, 2006. 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 cash balance is in excess of the Federal Depository Insurance Commission’s limits. At December 31, 2006 and 2005, the Partnership had approximately $441,000 and $473,000, respectively, on deposit at one financial institution.
NOTE 2 — PARTNERS’ EQUITY
Pursuant to the partnership agreement, annual partnership net income or loss is allocated one percent to the General Partner and 99 percent to the limited partners. Partnership gains from any sale or refinancing are to 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 (10 percent) as defined in the partnership agreement. Additional gains are to be allocated 15 percent to the General Partner and 85 percent to the limited partners.
NOTE 3 — OBLIGATION TO GENERAL PARTNER
Under terms of the partnership agreement, the General Partner is entitled to receive a fee in an amount equal to five percent of aggregate capital contributions. The fee shall be for services rendered in connection with site selection and the design and supervision of construction and improvements to acquired properties. This fee shall be earned at the time the services are rendered, but shall not be paid and shall be subordinated to the limited partners’ interests until all restaurants have opened and the limited partners have received certain minimum returns on their investment, as required by the partnership agreement. It is the policy of the Partnership to accrue the site acquisition and development fee as an obligation to the General Partner. No fees were earned for such services during 2006, 2005, and 2004.

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DEL TACO RESTAURANT PROPERTIES III
NOTES TO FINANCIAL STATEMENTS - CONTINUED
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 under any of the leases. The Partnership had a total of nine properties leased to Del Taco as of December 31, 2006.
The nine restaurants operated by Del Taco, for which the Partnership is the lessor, had combined, unaudited sales of $8,761,725, $9,146,494, and $8,823,039 and unaudited net income of $330,515, $665,9174, and $694,290 for the years ended December 31, 2006, 2005, and 2004, respectively. 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 11).
NOTE 5 — RELATED PARTIES
The receivable from Del Taco consists of rent accrued for the months of December 2006 and 2005. The rent receivable was collected in January 2007 and 2006, respectively.
The General Partner received $9,991, $10,090 and $9,856 in distributions relating to its one percent interest in the Partnership for the years ended December 31, 2006, 2005 and 2004, 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.
NOTE 6 — RESTRICTED CASH
At December 31, 2006 and 2005 the Partnership had a restricted cash balance of $86,017 and $90,585, respectively. The restricted cash is a death and disability redemption fund. 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. During 2006 thirty limited partnership units were redeemed pursuant to the death and disability redemption fund.

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DEL TACO RESTAURANT PROPERTIES III
NOTES TO FINANCIAL STATEMENTS - CONTINUED
NOTE 7 — 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 Partnerships assets and liabilities.
A reconciliation of financial statement net income to taxable income for each of the periods is as follows:
                         
    2006     2005     2004  
Net income per financial statements
  $ 871,390     $ 915,758     $ 870,788  
Excess book depreciation
    26,816       25,773       24,677  
 
                 
 
                       
Taxable income
  $ 898,206     $ 941,531     $ 895,465  
 
                 
A reconciliation of partnership equity per the financial statements to partners’ equity for tax purposes as of December 31, 2006, is as follows (unaudited):
         
Partners’ equity per financial statements
  $ 5,140,885  
Issue costs of limited partnership units capitalized for tax purposes
    1,741,676  
Difference in book vs. tax depreciation
    578,678  
Other
    (107,837 )
 
     
Partners’ equity for tax purposes
  $ 7,353,402  
 
     

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DEL TACO RESTAURANT PROPERTIES III
NOTES TO FINANCIAL STATEMENTS - CONTINUED
NOTE 8 — CASH DISTRIBUTIONS TO LIMITED PARTNERS
Cash distributions paid to limited partners for the three years ended December 31, 2006 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, 2003
  $ 5.06       47,291       47,291  
March 31, 2004
    4.71       47,291       47,291  
June 30, 2005
    5.21       47,291       47,291  
September 30, 2004
    5.65       47,291       47,291  
 
                     
Total paid in 2004
  $ 20.63                  
 
                     
December 31, 2004
  $ 5.25       47,291       47,291  
March 31, 2005
    5.07       47,291       47,291  
June 30, 2005
    5.10       47,291       47,291  
September 30, 2005
    5.70       47,291       47,291  
 
                     
Total paid in 2005
  $ 21.12                  
 
                     
December 31, 2005
  $ 5.50       47,291       47,291  
March 31, 2006
    4.93       47,261       47,261  
June 30, 2006
    5.11       47,276       47,261  
September 30, 2006
    5.39       47,271       47,261  
 
                     
Total paid in 2006
  $ 20.93                  
 
                     
Cash distributions per limited partnership unit were calculated based upon the weighted average and cash flow statement units outstanding for each quarter and were paid from operations. Distributions declared in the quarter ended December 31, 2006 amounted to $5.38 per limited partnership unit and were paid in January 2007.
NOTE 9 — RESULTS BY QUARTER (UNAUDITED)
                                 
    First   Second   Third   Fourth
    Quarter   Quarter   Quarter   Quarter
Year ended December 31, 2006
                               
Rental revenues
  $ 258,268     $ 267,835     $ 266,032     $ 259,272  
Net income
    189,077       229,417       228,569       224,327  
Net income per limited partnership unit
    3.96       4.81       4.79       4.69  
 
                               
Year ended December 31, 2005
                               
Rental revenues
  $ 261,627     $ 281,036     $ 281,839     $ 273,077  
Net income
    195,610       240,740       244,815       234,593  
Net income per limited partnership unit
    4.09       5.04       5.13       4.91  

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DEL TACO RESTAURANT PROPERTIES III
NOTES TO FINANCIAL STATEMENTS - CONTINUED
NOTE 10 — 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 11 — 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.

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Item 9. Changes in and Disagreements with Accountants on Accounting and Financial Disclosure
Refer to Form 8-K dated November 30, 2006.
Item 9A. Controls and Procedures
 (a) Evaluation of disclosure controls and procedures:
As of the end of the period covered by this annual report, we carried out an evaluation, under the supervision and with the participation of our management, including our President and Treasurer, of the effectiveness of the design and operation of our disclosure controls and procedures. Based on that evaluation, our President and Treasurer have concluded that these disclosure controls and procedures are effective in timely alerting them to material information relating to the Partnership required to be included in our periodic Securities and Exchange Commission filings.
 (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 and Executive Officers
(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  
Shirlene Lopez
  President   42  
C. Ronald Petty
  President of Development   62  
James D. Stoops
  Executive Vice President, Operations   54  
Janet D. Erickson
  Executive Vice President, Purchasing   50  
Steven L. Brake
  Treasurer   34  
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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Item 10. Directors and Executive Officers of the Partnership’s General Partner – (Continued)
Shirlene Lopez, President of Del Taco LLC. Ms. Lopez began her career with Del Taco in 1978 as an hourly employee and advanced through the ranks to General Manager in 1984. Ms. Lopez was promoted to the corporate office in 1989 as Human Resource Manager. In 1994, she was promoted to Executive Project Manager reporting to the CEO and in 1996, to Director of Corporate Development in charge of all interior image and design and in 1997, to Vice President, Corporate Development & Design. In February 2002 Ms. Lopez was promoted to Executive Vice President, Operations Services and was promoted to President in October 2006.
C. Ronald Petty, President of Development of Del Taco LLC. Mr. Petty began his career in the restaurant business in 1973 with McDonald’s Corporation. He was employed by McDonald’s in a real estate capacity until 1978. For the next 12 years, Mr. Petty was in various officer positions with Burger King. These positions included Vice President of Real Estate, Sr. Vice President of Development, Region Vice President, Sr. Vice President European Operations, President of International and President of U.S. Mr. Petty served as President of Miami Subs from 1990-1992; President and CEO of Denny’s 1993-1996; President and CEO of Peter Piper Pizza 1996-1998; President of Del Taco December 1998 until March 2006 and President of Development since March 2006.
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, Treasurer 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 and Related Security Holder Matters
(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.
Item 13. Certain Relationships and Related Transactions
(a)   No transactions have occurred between the Partnership and any executive officer or director of its General Partner.
 
    During 2006, the following transactions occurred between the Partnership and the General Partner pursuant to the terms of the partnership agreement.
  (1)   The General Partner earned $8,714 as its one percent share of the net income of the Partnership.
 
  (2)   The General Partner received $9,991 in distributions relating to its one percent interest in the Partnership.
(b)   During 2006, 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 2006 for any amount.
 
(d)   Not applicable.

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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), principal auditor since the quarter ended September 30, 2005, and KPMG LLP who was the principal auditor through the quarter ended June 30, 2005.
                         
    Squar Milner     KPMG LLP  
    2006     2005     2005  
Audit Fees
  $ 14,580     $ 1,080     $ 12,131  
Audit-Related Fees
    0       0       0  
Tax Fees
    0       0       11,250  
All Other Fees
    0       0       0  
 
                 
Total
  $ 14,580     $ 1,080     $ 23,381  
 
                 
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, Financial Statements Schedules, and Reports on Form 8-K
     
(a)(1)
  Financial Statements
 
   
 
  Included in Part II of this report:
 
   
 
  Report of Independent Registered Public Accounting Firm – Squar, Milner, Peterson, Miranda & Williamson, LLP
 
  Report of Independent Registered Public Accounting Firm – KPMG LLP
 
  Balance Sheets
 
  Statements of Income
 
  Statements of Partners’ Equity
 
  Statements of Cash Flows
 
  Notes to Financial Statements
 
   
(a)(2)
  Financial Statement Schedules
 
   
 
  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
 
   
 
  During the three months ended December 31, 2006, the following report on Form 8-K was filed:
 
   
 
  Form 8-K dated November 30, 2006 was filed regarding the merger of Squar, Milner, Miranda & Williamson, LLP with Peterson & Co. LLP. The name of the post-merger firm is Squar, Milner, Peterson, Miranda & Williamson, LLP.
 
   
(c)
  Exhibits required by Item 601 of Regulation S-K:
  1.   Incorporated herein by reference, Restated Agreement of Limited Partnership of Del Taco Restaurant Properties III filed as Exhibit 3.01 to Partnership’s Registration Statement on Form S-11 as filed with the Securities and Exchange Commission on December 30, 1985.
 
  2.   Incorporated herein by reference, Amendment to Restated Agreement of Limited Partnership of Del Taco Restaurant Properties III.
 
  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 30, 1985.
 
  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 Section 906 of the Sarbanes-Oxley Act of 2002

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DEL TACO RESTAURANT PROPERTIES III — SCHEDULE III
REAL ESTATE AND ACCUMULATED DEPRECIATION
DECEMBER 31, 2006
                                                                         
                            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
 
Rancho California, CA
  $     $ 384,400     $ 257,807     $     $ 642,207       179,926       1986       1986     20 (LI), 35 (BI)
Vista, CA
          512,130       343,471             855,601       239,704       1987       1987     20 (LI), 35 (BI)
Industry, CA
          627,082       420,566             1,047,648       293,512       1987       1987     20 (LI), 35 (BI)
Perris, CA
          437,522       293,434             730,956       204,786       1987       1987     20 (LI), 35 (BI)
Upland, CA
          281,827       189,014             470,841       131,908       1987       1987     20 (LI), 35 (BI)
Walnut, CA
          340,848       228,597             569,445       159,534       1988       1988     20 (LI), 35 (BI)
Los Angeles, CA
          674,283       452,223             1,126,506       315,604       1988       1988     20 (LI), 35 (BI)
Chatsworth, CA
          642,475       430,890             1,073,365       300,721       1989       1989     20 (LI), 35 (BI)
Victorville, CA
          505,399       338,957             844,356       236,563       1989       1989     20 (LI), 35 (BI)
                             
 
 
  $     $ 4,405,966     $ 2,954,959     $     $ 7,360,925     $ 2,062,257                          
                             
                 
            Accumulated
    Restaurants   Depreciation
Balances at December 31, 2003:
  $ 7,360,925     $ 1,722,537  
Additions
          113,240  
Retirements
           
     
Balances at December 31, 2004:
    7,360,925       1,835,777  
Additions
          113,240  
Retirements
           
     
Balances at December 31, 2005:
    7,360,925       1,949,017  
Additions
          113,240  
Retirements
           
     
Balances at December 31, 2006:
  $ 7,360,925     $ 2,062,257  
     
The aggregate cost basis of Del Taco Restaurant Properties III real estate assets for Federal income tax purposes was $6,139,803 at December 31, 2006.
See accompanying report of independent registered public accounting firm.

27


Table of Contents

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 III
a California limited partnership

Del Taco LLC
General Partner
 
     
Date March 23, 2007  Shirlene Lopez    
  Shirlene Lopez   
  President   
 
Date March 23, 2007  C. Ronald Petty    
  C. Ronald Petty   
  President of Development   
 
Date March 23, 2007  Steven L. Brake    
  Steven L. Brake   
  Treasurer   

28


Table of Contents

EXHIBIT INDEX
         
     
Exhibit   Description
1.
  Incorporated herein by reference, Restated Agreement of Limited Partnership of Del Taco Restaurant Properties III filed as Exhibit 3.01 to Partnership’s Registration Statement on Form S-11 as filed with the Securities and Exchange Commission on December 30, 1985.
 
   
2.
  Incorporated herein by reference, Amendment to Restated Agreement of Limited Partnership of Del Taco Restaurant Properties III.
 
   
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 30, 1985.
 
   
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 Section 906 of the Sarbanes-Oxley Act of 2002

29

EX-31.1 2 a28553exv31w1.htm EXHIBIT 31.1 Exhibit 31.1
 

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 LLC, General Partner of Del Taco Restaurant Properties III (The “Partnership”) certify that:
1.   I have reviewed this annual report on Form 10-K of the Partnership;
 
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 periods 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, 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 (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 independent registered public accounting firm 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: March 23, 2007  /s/ Shirlene Lopez    
  Shirlene Lopez   
  President   

 

EX-31.2 3 a28553exv31w2.htm EXHIBIT 31.2 Exhibit 31.2
 

         
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 LLC, General Partner of Del Taco Restaurant Properties III (“The Partnership”) certify that:
1.   I have reviewed this annual report on Form 10-K of the Partnership;
 
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 periods 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, 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 (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 independent registered public accounting firm 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: March 23, 2007  /s/ Steven L. Brake    
  Steven L. Brake   
  Treasurer   

 

EX-32.1 4 a28553exv32w1.htm EXHIBIT 32.1 Exhibit 32.1
 

         
Exhibit 32.1
CERTIFICATION OF PRESIDENT 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 Annual Report of Del Taco Restaurant Properties III (the “Partnership”) on Form 10-K for the year ended December 31, 2006 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: March 23, 2007  /s/ Shirlene Lopez    
  Shirlene Lopez   
  President   
 
     
Date: March 23, 2007  /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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