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Project 183- 2 - Bond - Nikola Corp. - 2010-09-23 $920.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE BOND BOND NO CAC 82119 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND (District Contract) KNOW ALL MEN BY THESE PRESENTS. THAT WHEREAS, COSTA MESA SANITARY DISTRICT a California sanitary district, by minute order of the Board of Directors, adopted on 9-23-2010 _ has awarded to Nikola Corporation _ __ NAME OF CONTRACTOR 18012 Cowan, #390 Irvine, CA 92614 ADDRESS OF CONTRACTOR hereinafter designated as the 'Principal' a Contract for the work described as follows: #183-2 Bristol St. Sewer n/o Randolph Ave JOB NAME AND JOB ADDRESS WHEREAS, the said Principal is required under the terms of said Contract and District's Operations Code Section 7 05 030 to furnish a bond for the faithful performance of said Contract, including a one-year guarantee of the work performed. NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and Merchants Bonding Company (Mutual) — 2100 Fleur Dr ,Des Moines Iowa 50321 (NAME AND ADDRESS OF SURETY) duly authorized to transact business under the laws of the State of California, as Surety are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: SIXTY THREE THOUSAND NINE HUNDRED NINE AND NO/100*********** Dollars ($ 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 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. 0 ation By. Company R•presentativ- - Jo nny N Kit 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) Company Representative- Les M. e - Attorney in Fact APPROVED AS TO FORM: By/s/ _ (l L cvt.eS. — Alan R. Burns, District Counsel Costa Mesa Sanitary District CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT eocavesrcr•.cr crcrc.,,,cc-.crcrcrerrecrcrsrncelcrcce- rcrcr irce it ir,er. :coir,crA 4ccr',cr :cri-rc< State of California County of Orange On �t�–k -C?O1.Q before me, Mary Martignoni – Notary Public Date He Insert Name a ld Title of the Officer personally appeared Les M. Mantle Name(s)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/areesubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized :.t w capacity(ies), and that by his/her/-their signature(s) on the MARY MARTIGNONI instrument the person(s), or the entity upon behalf of :d COMM. # 1761251 > which the person(s) acted, executed the instrument. CN p �i , NOTAROYP�O O Ty CALIFORNIA I certify under PENALTY OF PERJURY under the laws My Cottnn.Expires Sept.9,2011 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ai SA ac No ry Seal Ahoy Signatur- Sign t e 4 Notary Public OPTIONAL Though the information below is not squired by law,it may prove valuable to persons relying 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: Signerls)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): C Corporate Officer—Title(s). ❑ Partner—❑Limited ❑ General C Partner—0 Limited C General RIGHT,THUMBPRINT RIGHT MISPRINT `•OF SIGNER - ' g$ Attorney in Fact _:OF GNER ❑Attorney In Fact ❑ Trustee Top of m m he 0 Trustee Top�I w lb he ❑ Guardian or Conservator C Guardian or Conservator ❑ Other _ ❑Other Signer Is Representing. Signer Is Representing. Merchants Bonding Company (Mutual) _ w- <-c-ux.cwu.-u�.c,�z�^wY-2,±-<x-cu.-<x-tx-c.w�-c.�_x. r.�cx_-r,'u. - _w�.<.•w�-c' - - w--c,cocc, r-c.'t-c aCfro e2007 Nate al No ary Assoaa 150 De Soto Ave PO far 2402•Cbatswontt CA 9113-2402•ww iNaty alNotaryo Item 55907 Reorde CaliTa-Fr 1-800-8766827 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/am 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 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 s cm OOnx- 2 Tom— (Seal) MONICA R. CONFO 0 "al.". Commission! 171133$ ore" „ Notary Public California 4 .. `��?'.�7 Contra Costa County a►yCammBpY 5a 14,2011_t Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Pe By These Pr nts that the MERCHANTS BONDING COMPANY(MUTUAL), omo abo duly rga ed nde the laws of the State of Iowa nd h rig its principal ont the City of De Mo Co ity of Polk State of Iowa math ede sleeted nd appo nted nd do by the pr its ake stitute id appo re Lt NI Ma the R‘ Ma ale of F illerto nd State of (Mliton its true nd lawful Atlo ey- -Fact,with MI powe nd uthonty hereby nfe ed Its ame place nd stead,to ego ute cknowledge nd deli its behalf ety ny nd all bonds ndenaktngs ecogn athe writte obligations the natu thereat, abject to the Imitate) that ny oh Instrument shall tot xceed the nt of SIX MILLION($6,000,009.00)DOLLARS nd to bind the MERCHANTS BONDING COMPANY(MUTUAL)the eby fully nd to the xtent if ch bo id ndertaking we signed by the duly itho ed offic of the MERCHANTS BONDING COMPANY(MUTUAL), no all the cis of said Atto ey- -Fact,pu nt to the uthonty he gr - he eby attired rid nanned This Powe-of-Attorney made nd uted pu nt to nd by uthonty of the folio ng Amended Substituted nd Restated By Lai. adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL) No embe 16,2002 ARTICLE II,SECTION 8 The(Ma rma of the Bo rd President ny VI Pr stdent Se stay shall h powe id uthority to appo nt Atto eys -Fact, nd to utho them to ute behalf of the Company nd atlach to Seal of the Compa iy the eto bo ids nd nde akmngs ogn cover of ndemn ty nd othe longs obligatory the atu the of ARTICL E II,SECTION 9 The signatu of ny ulh ed offic nd the Seal of the Company may be ailued by tars' fie to ny Powe of Atto ey Cemhcall the of eho ng the utro nd dely ry of ny bo Id, 'de eking, ogn nce, othe elysh.p obligatio of th Company, nd ch sigr atu id at wh used all ha ame to d effect though ma ally fixed In Wine Whe of,MERCHANTS BONDING COMPANY(MUTUAL)ha tau ed these pr its to be Igned by Its Pr srdent nd its rpo are at to be he etc,aft. ed,Ih 20th ay of Ja ary 2009 MkG COMP MERCHANTS BONDING COMPANY(MUTUAL) 00 O9,P 060 9 G 9n' -S- m C/Y / , 1933 ' By 4 VA STATE OF IOWA President COUNTY OF POLK On thi 20th day of Ja ary ,2009,belo me appe ed La ry Taylor,to me pe ally known, vho be ng by me duly did ay that he Pr s.dent of in MERCHANTS BONDING COMPANY)MUTUAL),the corporate, de shed i Ci to ego y bb N Seal affixed to the aid strument i the Corporate Seal of the aid Como aho nd that the aid strument a signed nd aled behalf of said Corpa ati by itbonty of its Bo rd of Dir cto In Testimony Who of,I ha he nto et my hand nd if ed my Offiaal Seal at the City of De Mo to the day nd first abc wntte y /////I ,,//��1/.j/ /��//� a,.�rpy��F Go CIINDY NUmIteTt1350a X ,'l ' r �`UV ow,. My Commiss on Expr I/ 0 Ma ch 16,2009 No ary Public Poll,Coo ty to STATE OF IOWA COUNTY OF POLK 55 I, William Wa Jr Se etary of the MERCHANTS BONDING COMPANY(MUTUAL),do he eby ert lfy that the abo e aid rig true nd ci copy of the POWER-OF-ATTORNEY uted by aid MERLE I ANTS BONDING COMPANY(h1UTUALIto.hichs still t full fo nd effect and ha not been amended or revoked In Witness Whereof I ha he nto et my hand nd affixed the at of the Company lb 1st day of October 2010 C Pots t0 kB PO q X '' m e 1933 e C• Sects an, 5& � POA0001 (1/06) ''1 a k' KN 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 ____NikolaCorporation __ (NAME OF CONTRACTOR) 1.8012 Cowan, #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 ($63,909.00*****1. 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_ October —__20 10 CONTRACTOR 61a Corporation Byi Johnny N ' is an - Pres dent 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 Company 1) By ---'-IN Company Representative Les M. Mantle - Attorney in Fact APPROVED AS TO FORM: By/s/ �Z 1_-/±3__. Alan R. Burns, District Counsel Costa Mesa Sanitary District CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ce'.ofc`ick^onca'.cC,ctern.L''.or'.mte. ,,ct,coce:, e,ce' -x-x ,eyert^.45 cc e:ce`.cr(--e^^.cC.Or'•c<'.e`r':SYe..5=`6a,,a'',oCocc,` '-G�'•Gr.Ct State of California County nrof Orange On ID- -oK.J co before me, Mary Martignoni - Notary Public Date He a Insert Name and Tile 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/she/they executed the same in his/herlthe r authorized MARY MARTIGNONI capacity(ies), and that by his/herkheir signature(s) on the instrument the person(s), or the entity upon behalf of COMM. # 1761251 > which the person(s) acted, executed the instrument. z \' �q.4�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. Signatur - t Plat No ary Seal Abe Sign t e Vary Public OPTIONAL Though the information below is not required by law,it may pr 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) Signers Name Les M. Mantle Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—D Limited ❑ General RIGHTTHUMRPRINT ❑ Partner—❑ Limited ❑ General RIGHTJ1*1MEPRINT fl Attorney in Fact `r OF SIGNER:. ❑Attorney in Fact OF SIGNER D Trustee Top of thumb he D Trustee Top of w ,b he O Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing: Signer Is Representing. Merchants Bonding Company (Mutual) 1-cww- <4,-t-ecx-c, t-en=<.y-VDosolo-e'u,'g4x-A 2402'Chaw'!rih.OA91o13-W'u. 'Nett-ai%of a ry-ras-F)w`5901 >e-o`w`W'w'e-Fr -BoOa76-68-e ©Mr Na ryMI a De Sato AV PO Bo 2402•Chatsworib,JA 91913-2402•wwa Nati alNotaryorg Item 45907 Reorder carrell-Fr -6048]6•6827 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/ace 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 Uokit cA K. 8fsT8- (Seal) OO T r� # . Public California ��z. �+'7 Contra Notary CoHO County ... MvcamtenNnu1a1011 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Perso By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL), orpo atio duly rga ed nde the laws of the State of Iowa nd h ng its pnnapal off the City of De Mo Cu ity of Polk,Stale of to hath made slduted and appo filed, nd doe by the pr nts eke stilute id appo fit Les NI Ma Me Rv ManN& of Fullerto nd Slate of Cal illml its it rid lawful Atto ey- -Fact, ih lull powe nd uthonty he eby nfe ed its ame place id stead to sign ule cknowtedge nd deli its behalf ely rid all bonds Wei-takings ecogr nces othe write obligatio the natu the at, object to lb I[mitatio that ny ch instrument shall at xceed the amo it of SIX MILLION($6,000.000.00)DOLLARS nd to bind the MERCHANTS BONDING COMPANY(MUTUAL)the eby fully nd to the ame (tent if ch bond ndertaking wa igr ed by the duly Mho ed Ste of the MERCHANTS BONDING COMPANY(MUTUAL). nd all the arts of aid Atto ey- -Fact,pu nt to th uthonly h 91 he eby ogled ld nfrmed Thi Powe of-Alto ey made nd uted pu fit to nd by authority of the following Ame tided ubstituted nd Restated By- Laws adopted by the Bo rd of Dir ctors of the MERCHANTS BONDING COMPANY(MUTUAL} No embe 16 2002 ARTICLE II,SECTION 8 The Cha rma of the Bo rd Pr sident ny Vi Pr s[denl Secretary shall ha powe nd utti ity to appo nt Altar eys -Fact,and to author them lo ute behalf of the Co ipany, nd attach the Seal alas Company the eto bonds id ideitakings ogn contr cis of ndemn ty nd tithe filings obligatory the atu thereof ARTICLE II,SECTION 9 The ignatu of ny utho ed officer nd the Seal of the Company may be affixed by facsimile to ny Powe of Alto ey Cedificalm the of Rho ng the tam nd deli ry of iy bond, ndertahmg ogn tithe etyship obtigafo of the Company, nd ch signatu no at whe ed shall Inn ame force nil effect though ma ally heed In Win WIt of,MERCHANTS BONDING COMPANY(MUTUAL)ha cau ed the pr nts to be signed by Is Pr [dent nd orpo ate alto be eto affixed,th 20th day of Ja ary 2009 0ooOW CO � MERCHANTS BONDING COMPANY(MUTUAL) V 1008 4 . F"2 m•_ 0 3. 1933 c By 7 yo cti. 14, `Ny STATE OF IOWA Pr silent COUNTY OF POI.K On thi 20th day of Ja ary 2009 befo me appe ed Larry Taylo to me personally known, vho be ng by me duly did ay that he Pr sident of the MERCHANTS BONDING COMPANY(MUTUAL),the corpor described i the fo ego ng ems the the Seal affixed to the aid slrument the Corpo ate Seal of the aid Corporauo nd Net the sirument five signed nd sled behalf of s id Corpo alio by uthonty of its Bo rd of Dir do In Testimony Whe of,I he my hand nd off.'ed ry Otfiaal Seal at the City of Ce Mo lo the day nd ye fir abcv rifle IL ///J�j� [4pG��/� F p F C oymtsallo 16,200 173504 `�' f it di ®T- Ma ch 16,200 No ary Public Polk County STATE OF IOWA COUNTY OF POLK I, Willi Wa Jr Se elary of the MERCHANTS BONDING COMPANY(.MUTUAL), o he eby eddy that the abo rid to ego fig true nd car ct copy of the POWER-OF-ATTORNEY uted by said MERCHANTS BONDING rOMPANY(MUTUAL[ rMrh[ sift full force nd effect and ha of be amended °Wed In Wit Whe of I ha he nto et i iy hand nd affixed the at of the Company o thi 1st day of October 2010 Y.1G Cp @0 'iP∎P C1 9Z• °"3• ,ecrerary y 1933 et POA 0001 (VO6) "'W ��