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ST0702-CL091015 EFF AlianwriaL, Central Region October 15, 2009 Longhorn Utilities Certified Mail 12801 CR 1117 No. 7009 2250 0004 0732 7257 Cleburne, Texas 76033 Return Receipt Requested JRJ Paving Certified Mail 1805 Royal Lane 4 107 No. 7009 2250 0004 0732 7240 Dallas, Texas 75229 Return Receipt Requested City of Coppell Certified Mail 400 S McArthur Blvd No. 7009 2250 0004 0732 7233 Coppell, Texas 75019 Return Receipt Requested Fidelity Deposit Co of Maryland Certified Mail Bond# 08977052 No. 7009 2250 0004 0732 7226 3910 Keswick Rd Return Receipt Requested Baltimore, Maryland 21211 Re: Notice of Unpaid Account for materials and /or labor furnished by Neff Rental Inc. the project known as Coppell Road Construction located at Coppell Rd and Bethel Rd in Coppell Texas 75019. Dear Sirs: Notice is herby given pursuant to the Texas Government Code 2253 that Neff Rental has furnished materials. equipment and /or labor to the above - referenced project. Under the terns a written contract with Longhorn Utilites. Claimant has provided materials, equipment and /or labor such as Excavator unit# A86779, Excavator unit# 302215 for work in accordance with the invoices attached to the Sworn Statement of Account. The materials and /or labor were furnished during the month(s) of August, 2009 are as follows: Invoice #: 5537471 -0002, Invoice date: 08/10/09, Invoice amount: $ 8327.23 Invoice #: 5537471 -0003, Invoice date: 08/19/09, Invoice amount :$ 534.73 There is now a total unpaid balance in the amount of $8861.96. which amount is claimed by this notice. The total amount of $8861.96, is just and correct and all just and lawful offsets. payments and credits know to the Claimant have been allowed. This notice is sent to conform with the requirements of the Texas Government Code 2253 and so that you may have an opportunity to see that this unpaid account is paid in full. Attached is a Sworn Statement of Account along with copies of the above- referenced unpaid invoices. which is made a part of this notice for all purposes gaff Elizabeth Loge Credit Analyst Neff Rental Inc. 210 Nursery Road The Woodlands, TX 77380 281.203.6981 281.203.6993 FAx Central Region SWORN STATEMENT OF ACCOUNT STATE OF TEXAS COUNTY OF MONTGOMER BEFORE ME, the undersigned authority, on this day personally appeared Elizabeth Loge who, after being by me duly sworn, did depose and state as follows: "My name is Elizabeth Loge. I am the Credit Analyst of Neff Rental Inc., located at 210 Nursery Raod Spring, Texas 77380. and I am over the age of 18 and authorized to make this affidavit and the statements contained herein on behalf of Neff Rental Inc., hereinafter called 'Claimant'. I have personal knowledge of the facts stated. Claimant has an outstanding and unpaid claim in the amount of $ 8861.96 for materials, equipment and /or labor such as Excavator unit# A86779, Excavator unit# 302215 furnished for work on the project know as Coppell Road Construction located at Coppell Rd and Bethel Rd in Coppell Texas 75019. The materials, equipment and /or labor were provided to the project under the terns of a written contract between Longhorn Utilities and Claimant. The total amount claimed by this notice is $ 8861.96, which amount is just and correct and all just lawful offsets. payments and credits known to the undersigned have been allowed. True and correct copies of the original invoice(s), on which the above - described claim is based, and which were sent by Claimant to Longhorn Utilities, are attached hereto and reflect the agreed price for the materials, equipment and /or labor furnished by Claimant. The,unpaid labor, materials and /or equipment were furnished during the month(s) of August 2009. Fidelity Deposit Co of Maryland provided the payment bond. R ;c 5 / e Elizabeth Loge Credit Analyst Neff Rental, Inc. SUBSCRIBED AND SWORN TO BEFORE ME on this 13 day of De \O, 2009. to certify which witness my hand and seal of office. 1 44& U de. ji 6fdry Public In And For The State of TEXAS VI „ ex`e_ VC -a� Printed Name F• Orene Prado ` - . "'•T . Notary Public, State of Texas Z =s; My Commission Expires: r " ' October 18, 2011 210 Nursery Road The Woodlands, TX 77380 281.203.6981 281.203.6993 FAX DATE AND TIME OUT PAGE: 1 RENTAL 6/22/09 10:15AM DATE: 8/10/09 / REMIT TO: DATE AND TIME RELEASED BRANCH: 'FhW NEFF RENTAL, INC. PO BOX 99914 DATE AND TIME RETURNED INVOICE: CHICAGO, IL 60696 5537471 -0002 817 - 232 -1717 DELIVERY CHARGE 4 WEEK BILL . 00 PICK -UP CHARGE R S E LONGHORN UTILITIES H LONGHORN UTILITIES TO 12801 CR 1117 P COPPELL S & BURNS RD E CLEBURNE, TX 76033 E COPPELL ROAD SOUTH D COPPELL, TX 75019 Job Location: COPPELL S & BURNS RD, COPPELL Job Number: MAPSCO 11 -D DALLA: CUSTOMER # I PHONE ORDERED BY PURCHASE ORDER # 7203987 817 -517 -7018 13017 -Brian Massey I -635 TERMS SALESMAN F DATE RENTAL BEGINS ESTIMATED DATE TO BE RETURNED Net - 10 Days 55 Terr: 9/20/09 10:15 A Qty Equipment # Day Week 4 Week Total 1 26 -28' DIG DEPTH, 70- 72,000LB EXC 1000.00 3000.00 6500.00 6500.00 A86779 PC300LC -7 HR OUT1 5256.00 HR IN1 Purchase Option Price: $160000.00. See section 3 on back. 1 EXCAVATOR BUCKET OTHER 3611 N/C 940411 36 PC300 SALES ITEMS: Qty Item number Unit Price 1 ENFE EA 97.500 97.50 ENVIRONMENTAL DELIVERY INSTRUCTIONS: BRIAN MOBILE 972 - 824 -0099 635 E EXIT BELTLINE GO THRU LIGHT ON RHS ON ENTRYWAY TO FRWY ** *Thank you for choosing Neff Rental * ** BILLED FOR FOUR WEEKS 7/20/09 THRU 8/17/09 LOSS AND DAMAGE WAIVER (LDW) IS NOT INSURANCE LDW: 975.00 E is initials. Customer agrees to pay a fee of of the gross rental charges hereunder in consideration of Lessor agreeing SUB- TOTAL: Id waive certain claims against customer for loss of or damage to said equlprnent, provided equipment is used In conformly with this agreement 7572.50 ncluding the conditions spedfied on the reverse side of This agreement. ACCEPTS DECLINES SALES TAX: 754.73 The eowpment described herein is rented pursuant to and in accordance with the terms and conditions Set out on the reverse side of this agreement. Customer represents that he has read and agrees to the same. TOTA 8327.23 DEPOSIT: SIGNING FOR CUSTOMER TERMS AND CONDITIONS ON THE OTHER SIDE NET DUE: 1. }w1't1 d '4' e-1 ..,. 7 :. ,.rt..., � .n, i r.i,I 071.71': t, tJti INTERNAL USE ONLY NR40001 (05102) BRIAN 972- 824 -0099 N ... DATE AND TIME OUT PAGE: 1 RENTAL 6/22/09 10:15AM DATE: 09 8/19 / REMIT TO: DATE AND TIME RELEASED BRANCH: FTW NEFF RENTAL, INC. PO BOX 99914 DATE AND TIME RETURNED INVOICE: CHICAGO, IL 60696 8/17/09 10:OOAM 5537471 -0003 817 - 232 -1717 oEL1vERVCHARGE RENTAL RETURN .00 PICK -UP CHARGE R S E LONGHORN UTILITIES H No 12801 CR 1117 P T LONGHORN UTILITIES P o COPPELL S & BURNS RD E CLEBURNE, TX 76033 COPPELL ROAD SOUTH D COPPELL, TX 75019 Job Location: COPPELL S & BURNS RD, COPPELL Job Number: MAPSCO 11 -D DALLA; CUSTOMER# PHONE ORDERED BY PURCHASE ORDER :# 7203987 817 -517 -7018 13017 -Brian Massey1 I -635 TERMS SALESMAN >r DATE RENTAL BEGINS I ESTIMATED DATE TO BE RETURNED Net - 10 Days 55 Terr: 9/20/09 10:15 A Qty Equipment # Day Week 4 Week Total 1 26 -28' DIG DEPTH, 70- 72,000LB EXC 1000.00 3000.00 6500.00 N/C A86779 PC300LC -7 HR OUT1 5256.00 HR IN1 5469.00 Purchase Option Price: $160000.00. See section 3 on back. 1 EXCAVATOR BUCKET OTHER 36" N/C 940411 36" PC300 SALES ITEMS: Qty Item number Unit Price 38 DIESEL GL 6.950 264.10 DIESEL FUEL DELIVERY INSTRUCTIONS: BRIAN MOBILE 972 - 824 -0099 635 E EXIT BELTLINE GO THRU LIGHT ON RHS ON ENTRYWAY TO FRWY PICKUP CHARGE 250.00 ** *Thank you for choosing Neff Rental * ** FINAL BILL: 8/17/09 THRU 8/17/09. LOSS AND DAMAGE WAIVER (LDW) LDW IS NOT INSURANCE LDW: * * N/A * * By Nssnitiats, Customer agrees to pay a fee of % of the gross rental charges hereunder in consideration of Lessor agreeing SUB - TOTAL: to waive certain claims against customer for ioss of or damage to said equipment, provided equipment is used in conformity with this agreement 514.10 nclWing the conditions specified on the reverse side of this agreement. ACCEPTS DECLINES SALES TAX: 20.63 The equipment described herein is rented pursuant to and in accordance with the terms and conditions set out on the reverse side of this Agreement. Customer represents that he has read end agrees to the same. TOTAL 534.73 DEPOSIT: SIGNING FOR CUSTOMER TERMS AND CONDITIONS ON THE OTHER SIDE NET DUE: INTERNAL USE ONLY NR40001 (05/02) BRIAN 972 - 824 -0099