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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 0.40 �9i y< !✓ a,.v :---AS•l/ H 2 rxm_ R _ 0 3' Secre ary 1 933 y 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