Bond - Nikola - 2010-09-23 $920 00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO
ADJUSTMENT BASED ON FINAL CONTRACT PRICE
FAITHFUL PERFORMANCE BOND
BOND NO CAC 82119
COSTA MESA SANITARY DISTRICT
FAITHFUL PERFORMANCE BOND
(District Contract)
KNOW ALL MEN BY THESE PRESENTS
THAT WHEREAS, COSTA MESA SANITARY DISTRICT a California sanitary
district, by minute order of the Board of Directors, adopted on 9-23-2010
has awarded to
Nikola Corporation ,
NAME OF CONTRACTOR
18012 Cowan, #390, Irvine, CA 92614
ADDRESS OF CON TRACTOR
hereinafter designated as the 'Principal' a Contract for the work described as follows:
#183-2 Bristol St Sewer n/o Randolph Ave
JOB NAME AND JOB ADDRESS
WHEREAS the said Principal is required under the terms of said Contract and
District's Operations Code Section 7.05 030, to furnish a bond for the faithful
performance of said Contract, including a one-year guarantee of the work performed.
NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
Merchants Bonding Company (Mutual) - 2100 Fleur Dr ,Des Moines Iowa 50321
(NAME AND ADDRESS OF SURETY)
duly authorized to transact business under the laws of the State of California, as Surety
are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum
of SIXTY THREE THOUSAND NINE HUNDRED NINE AND NO/100*********** Dollars
($ 63,909.00*********), said sum being not less than one hundred (100%) percent of
the contract price for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and severally
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burden
Principal, his or its heirs, executors, administrators, successors or assigns, shall in all
things stand to and abide by and well and truly keep and perform all the undertakings,
terms, covenants, conditions and agreements in the said contract and any alteration
thereof made as therein provided, on his or their part, to be kept and performed, at the
time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the Costa Mesa Sanitary
District, its officers and agents, as therein stipulated, then this obligation shall become
null and void, otherwise it shall be and remain in full force and virtue. This obligation
covers a one-year guarantee on work performed after said work has been completed.
The one-year period shall commence on the date the Notice of Completion has been
recorded.
In case suit is brought upon this bond, Surety further agrees to pay all court costs
and reasonable attorneys'fees as fixed by the court.
And the said Surety for value received, nereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the
work to be performed thereunder or the specifications accompanying the same shall in
any way affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract or to the
work or to the specifications.
All signatures shall be properly notarized and a properly authenticated power of
attorney must be submitted.
IN WITNESS WHEREOF we have hereunto set our hands and seals this 1st
day of_ October_ _20 10
PRINCIPAL Nikola Corporation
CONTRACTOR= 'ikol. o ,otation
By �es -
Company Representative- Jo may N Rli han - President
In accordance with the Contract described above, all bonds shall be issued by an
admitted surety insurer and the District reserves the right to object to any such surety in
accordance with Code of Civil Procedure Section 995.660.
By signing below Surety certifies that the bonds are issued by admitted Surety
SURETY Merchants Bonding Compan (Mutual)
By:
Company Representative- Les M. e - Attorney in Fact
APPROVED AS TO FORM:
6 �
By/s/ (/ L c a'S
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
G()GO.cC,�r.EC,M.FC_.c�"-Gr'.6r4`e'Cr`.G�'.o�'G{'.(•.rcrercrcr.4<'.e'�)crercrc>r�C:emu-l-�>C,�r.(.rcr.�,r.G<`,�Y'-�)cr'�S,r.�,rcr.CC.cer.CC.CC.e'�kY
State of California
County of Orange
On 1Q–l_apV) before me, Mary Martignoni – Notary Public
Date Here Ins rl Name and Tale of the Officer
personally appeared Les M. Mantle
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/ar -subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/befit-heir signature(s) on the
MARY MARTIGNONI instrument the person(s), or the entity upon behalf of
r� .s COMM. # 1761251 D which the person(s) acted, executed the instrument
61 NOTARY PUBLIC CALIFORNIA?t
ORANGE COUNTY certify under PENALTY OF PERJURY under the laws
My Comm.Expires Sept.9,2011 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
as &AI
PWC Nota Seal Above Sign Sign f Notary Public
OPTIONAL
Though the information below rs not required by law, R may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of!hrs form to another document.
Description of Attached Document
Title or Type of Document'
Document Date. Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Les M. Mantle Signer's Name:
❑ Individual C Individual
❑ Corporate Officer—Title(s): C Corporate Officer—Title(s):
❑ Partner—❑ Limited El General RIGHT THUMBPRINT ❑ Partner—C Limited El General RIGHTTHUMBPRINT
$$Attorney in Fact OF SIGNER C Attorney in Fact -OF SIGNER
Top of thumb he Top rl the nb he
❑ Trustee C Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other ❑Other
Signer Is Representing: Signer Is Representing:
Merchants Bonding
Company (Mutual)
02007 -tx-cx No Assoc uw'�c35c<.e Soto ,2*Chat'w(rth, A 13-2402*.32-c. `Nate-cX_-c.` ry ergcct,c.vcc,`Reorder 0c0..4 6-6827
®23e]Hatoaat No ary Maccia 0353 De Soto Ave PO Box 2402•chalsworth,-A wmr Nab, atNotaryorg Item#590] Reorder Call Toll-Fr e 1-800.8]6-662]
ACKNOWLEDGMENT
State of California
County of Orange
On October 8, 2010 before me, Monica R. Conforto, Notary Public,
personally appeared Johnny N. Klichan, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/the/they executed
the same in his/her/their authorized capacity(ies) and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature 0431.50.‘. `'Ii CTo-- (Seal)
MONICA R. CONfO O
fit
• ` Commission • 1711335
21
�,;,' Notary Public California
€`Se'', Contra Costa County
MpCcarraxciesJan14,2011
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Pe By These Pr nts that the MERCHANTS BONDING COMPANY(MUTUAL), orpo ation duly rga ed nde
the laws of the Stale of Iowa rid h ng its pn cipal attic the City of De Mo Co ity of Polk,Slate of to hath made
sbtuted nd appo ited, no do by the pr nts ake stitute id appo nt
Les NI Ma tie Rv Ma Ale
of Fullerton rid State of Calif° its true no lawful Ana ey- -Fact Oh full powe
nd uthonly he eby eta ed its ame pia nd stead to sign ute cknowledge 10 deli its behalf ely ny
nd all bonds ndertakings ecogn es ache wntle obligations the ature the of, ubject to the limitation that ty ch
strument shall of xceed the am nt of
SIX XIII LION($6,000,000.00)DOLLARS
nd to bind the MERCHANTS BONDING COMPANY(MUTUAL)In eby fully nd to the xlent if such bond
ndenaking signed by the duly litho ea oft of the MERCHANTS BONDING COMPANY(MUTUAL) nd all the acts of
said Atto ey- -Fact,pt rd to th uthonty he gi he eby at fed nd nfirmed
Thi Powe of Alto ey made nd uted pu nt to nd by uthorily of the folio ng Amended Substituted nd Restated By
Lae adopted by the Bo rd of Directors at the MERCHANTS BONDING COMPANY(MUTUAL) No embe 16 2002
ARTICLE It SECTION 8 The Cha rman of the Board Pr sidenl ny Vi Pr (dent or Seuelary shall h powe nd
uth ity IC appo nl Alto eys -Fact, nd to utho them to ute behalf of the Company nd attach the Seal of the
Compa ty the eto bonds nd ndc akmgs ow con cts of ide ity no olhe risings obtga ory the atu
the of
ARTICLE II,SECTION 9 The signatu of ty uth rid officer nd Ih Seal of the Company may be affixed by fags' de
to ny Powe of Atto ey Cenificali the of i(ho ng the utro nd delivery of ty bond ride along
ogn pine etyship obligate of the Company ne ch sigr atu td al whe used she the
amc fo nd effect Iho rgh ma ally fixed
In Wane Whe of.MERCHANTS BONDING COMPANY(MUTUAL)ha cau ed these pr nts to be signed by Its Pr 'dent nd
its rpo alto be he eto affixed,till 20th day of Ja an 2009
06 C041 MERCHANTS BONDING COMPANY(MUTUAL)
00 PtPOq 9
V 9rt'�.c•
.to'2 xn
z. o. ' 7
S 1933 • By
odd p `sac
STATE OF IOWA Pr 5dent
COUNTY OF POLK
On Its 20th day of Ja my 2009 befo me appe ed La ry Taylor,to me pe ally kn Yen,who be ng by me duly d d ay teal
he Pr side of the MERCHANTS BONDING COMPANY;MUTUAL),the orporalw described II to ego 19 rd tha the
Seal affixed to the aid strument the Corpocale Seal of the aid Corporate rid that the aid strument t signed and aled behalf
of Id Corpo alio by uthonty of its Bo rd of at cto
In Testmony Whe of I ha he nto et ty hand nd afro ed my Official Seal at th City of De Mo to the day nd ye first
alas wnite ,,pp� /./
,�JJ''jj``p CINDY SMYTH �j�/[(�LflnAJf(y
p®F Comml Nemberp173504 VV J' .A
in My Commits ch 16,2009
Notary Pubic Polk Co,Co my to
STATE OF IOWA
COUNT'S OF POLK
I Willi Wa Jr Se elan'of the MERCHANTS BONDING COMPANY(MUTUAL),do he eby miry that the abo a n0 fu rig
tee nd only of th POWER-CF-ATTORNEY uted by aid MERC I IANTS BONDING COMPANt (MUTUPLI
still n lull to nd effect and ha at bee amended eked
In'Mtn '(tie of I ha he rite at my hand nd affixed the al of the Company i Ra
1st day of October 2010
0.0 C0,440
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POA 0001 (1/06) Jb3a4 Xxate•
PREMIUM INCLUDED IN PERFORMANCE BOND
PAYMENT BOND
BOND NO CAC 82119
COSTA MESA SANITARY DISTRICT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
(District Contract)
KNOW ALL MEN BY THESE PRESENTS.
THAT WHEREAS COSTA MESA SANITARY DISTRICT a California sanitary
district, by minute order of the Board of Directors, adopted on _ 9-23-2010 _ has
awarded to
N_ikolaC_o_rporatio_n
(NAME OF CONTRACTOR)
18012 #390 Irvine, CA 92614
(ADDRESS OF CONTRACTOR)
hereinafter designated as the 'Principal' a contract for the work described as follows:
#183-2 Bristol St Sewer n/o Randolph Ave.
(JOB NAME AND JOB ADDRESS)
WHEREAS, said Principal is required by the provisions of said contract and of
the Civil Code to furnish a bond in connection with said contract, as hereinafter set forth.
NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
Merchants Bonding Company (Mutual)-2100 Fleur Dr ,Des Moines, Iowa 50321
(NAME AND ADDRESS OF SURETY)
duly authorized to transact business under the laws of the State of California, as Surety
are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of
SIXTY THREE THOUSAND NINE HUNDRED NINE AND NO/100************* Dollars
(B63_,909.00*****). said sum being not less than one hundred (100%) percent of the
estimated amount payable under the terms of the contract for which payment well and
truly be made, we bind ourselves, our heirs, executors and administrators, successors
and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his
subcontractors, or the heirs, executors, administrators, successors or assigns thereof,
shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State
of California for any materials, provisions, provender or other supplies used in, upon, for
or about the performance of the work contracted to be done, or for any work or labor
performed by any such claimant or any amounts required to be deducted, withheld, and
paid over to the Franchise Tax Board from the wages of employees of the
CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue and
Taxation Code, with respect to such work and labor then said Surety will pay for the
same, in an amount not exceeding the sum set forth hereinabove, and in addition, in
case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by
the court. This bond shall inure to the benefit of any and all persons named in the
aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns
in any suit brought upon the bond. Said bond shall be exonerated 35 days after the
Notice of Completion is recorded unless any pending claim remains unresolved.
Further the said Surety for value received, hereby stipulates and agrees that no
change, extension of time, alteration or modification of the contract documents or of the
work to be performed thereunder shall in any way affect its obligation on this bond; and
it hereby waives notice of any and all such changes, extensions of time, and alterations
or modifications of the contract documents and/or of the work to be performed
thereunder
All signatures shall be properly notarized and a properly authenticated power of
attorney must be submitted.
IN WITNESS WHEREOF we have hereunto set our hands and seals this 1st
day of Oct�obeer_ _ / __, 10
CONTRRRp���GTOR bola Corporation
By /
YJohnny N ' is an - Pres dent
In accordance with the Contract described above, all bonds shall be issued by an
admitted surety insurer and the Distnct reserves the nght to object to any such surety in -
accordance with Code of Civil Procedure Section 995.660.
By signing below, Surety certifies that the bonds are issued by admitted surety
SURETY Merchants Bonding Company 1)
By �_.h
Company Representative Les M. Mantle - Attorney in Fact
APPROVED AS TO FORM: 7.
By/s/_ L/'_t/"
Alan R. Bums, District Counsel
Costa Mesa Sanitary District
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
crcv'.c ^.c�.c�.vr-crcrcrc�.crcc.crzN.arursr .c�.m-eicrcrcr.cecrcrcccocrctcrcns >ciocrc-`crior>a
State of California
County of Orange 1l
On LO — CJ
(,O before me, Mary Martignoni – Notary Public
Date He Inert Name and Title of the Officer
personally appeared Les M. Mantle
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sheelthey executed the same in his/he#their authorized
MARY MARTIGNO'NI capacity(ies), and that by his/tSr signature(s) on the
instrument the person(s), or the entity upon behalf of
,I tts- COMM. # 1761251 Z.
u %y0 which the person(s) acted, executed the instrument.
L .. .r NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws
My Comm.Expires Sept.9,2011 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
f • 41
Signatur-
Plac No ry Seal Abov Signatu e Wary Public
OPTIONAL ,
Though the information below is not required by law.it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages.
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Les M. Mantle Signer's Name.
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General RIGRTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGRTTHUMBPRINT
$$Attorney in Fact ^'OF SIGNER ❑Attorney in Fact OF SIGNER.
El Top, thumb�mn ne ❑Trustee Top of u. in he
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other ❑Other
Signer Is Representing. Signer Is Representing.
Merchants Bonding _
Company (Mutual)
xLr>u ,,w-cn-,,x:.,'r-�^wxtu.e - - - _ •_ -.. sr ---•- - • r-•r-sr-_.- -•'- -49 ..-a.;d,;_ -•- ..•
02007 Natio al No ary Asacca 9350 De Soto As PO Box 2402•Chatsworth,CA allwens 13-2402•wens Na alNotaryorg Item#5907 Reorder Call Toll-Fre 1-8008766827
ACKNOWLEDGMENT
State of California
County of Orange
On October 8, 2010 before me, Monica R. Conforto, Notary Public,
personally appeared Johnny N. Klichan, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature k1oktcik (Seal)
rF •
Notary Public California
Contra Costa County
MFCamm epYe,Jv,1 a 2011
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Perso By These Pr cents that the MERCHANTS BONDING COMPANY(MUTUAL), orpo aao duly rga ed nde
the laws of the State of Iowa nd ha rig its pn opal ofd the City of De Mo Co ity of Polk,Slate of to hath made
co stituled and appo pled, nd doe by the pr nts ake stitute id appo
Les A1.Ma nle,Rya Ma ilk
of Fullerton nd State of (-alai its Ir nd la rful Atto ey- -Fact,with full powe
nd uthanty he eby nde ed its ame place nd stead to sign ule cknowledge id deli its behalf ely ny
nd all bonds ndertakings ecogn noes other wntte obligations the aft the at, ublect to the limnatio that ny ch
nstrumenf shalt at eceed the amo it of
SIX MILLION 1S6,000.000 001 DOLLARS
nd to bind the MERCHANTS BONDING COMPANY(MUTUAL)the eby fully nd to the ame xtent if ch bond
ndertaking wa signed by the duty utho ed offic of the MERCHANTS BONDING COMPANY(MUTUAL), nd all the acts of
id Atto ey- -Fact,pu m to the ulh my he gi he eby atified nd firmed
Thi Powe of Allen ey is made nd uted pu nt to nd by authonly of the following Amended Substituted nd Restated By-
Laws adopted by the Bo rd of Du do of the MERCHANTS BONDING COMPANY(MUTUAL) No embe 16 2002
ARTICLE II,SECTION 8 The Cha rma of the Bo rd Pr sldent ny Vic Pr side it Secretary shall ha powe nd
utti ity to appo it Atto eys -Fact and to author them le ute behalf of the Company, nd attach the Seal of ih
Company the eto bonds id idertakings ogi con cis of ndemn ty nd oche icings oblige ory the atu
the of
ARTICLE II,SECTION 9 The ignatu of ny utho ed officer nd the Seal of the Co npany may be affixed by facsimile
to ny Powe of Alto ey Cedificatio the of itho ng the ubo nd deli ery of ny bond, rdei-taking,
ogn nce, othe etyship oligatio of the Company, rid ch signatu nd at the used shall (h
ame force nd effect though ma ally fixed
In Wan Whe of MERCHANTS BONDING COMPANY(MUTUAL)ha cau ed the pr nts to be igned by its Pr sldent nd
its cape el be he affixed,chi 20th day of Ja wry 2009
,e4G. C04:0 MERCHANTS BONDING COMPANY(MUTUAL)
stie) �PBOq 9
F = 9n 2`
c 1933 c
By
'S. .. c~
bik a
vi
STATE OF IOWA Pr sldent
COUNTY OF POLK
On Ihi 20th day of Ja ary 2009 befo me appea ed Larry Taylo to me pa ally known, vho be ng by me duly did ay that
Pr see of the MERCHANT-BCNC ING COMPANY(MUTUAL(,the cerpor described the to ego rig strum the
Seal aff ixed to the aid strument the Corpo ate Seal of the am Corpo atio nd that the strument n signed nd eled behalf
of id Corpo ate by uthonty of its Bo id of Dr ate
In Testimony Whe of,I ha he nto ea my hand nd affix ed my Official Seal at the City of De Mo to the day nd ye fir
abo a wntte /lI p /,/
q CINDY SMVTH / /K(`Gv1 MX( -
F Commis Number173504 l�� VlJ 7Y"
Alon
My Commiss n Exyit
Ma ch 16,2009 No ary Public PWH Cou to
STATE OF IOWA
COUNTY OF PC LK
I, Willis VVa Jr Se glary of the MERCHANTS BONDING COMPANY(MUTUAL),do he eby ertRV that Ih abo nd to ego ng
True nd ca copy of the POWER-OF-ATTORNEY ed by said MERCHANTS BONDING COMPANY(MUTUAL vhich s
still i full fo id effect nd ha of be amended eked
In Wan Whereof 1 ha he Po et my hand rid affixed the at of the Company Pa
1st day of October 2010 0o*CoxPPC ,
J
X, o s• Se etary
vtc y. 1933 ;
J C
4.
POA 0001 (1/06) dtin, KN