Bond - Nikola - 2007-02-07 (2) EXECUTED IN TRIPLICATE PREMIUM INCLUDED IN PEFORMANCE BOND
PAYMENT BOND
BOND NO CAC 60909
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 Feb 7, 2007 has
awarded to
Nikola Corporation
(NAME OF CONTRACTOR)
18012 Cowan, Suite 290, Irvine, CA 92614
(ADDRESS OF CONTRACTOR)
hereinafter designated as the 'Principal' a contract for the work described as follows:
Project #181—Newport Blvd. Sewer at 19th St & Placentia Ave. Sewer at 18th St
(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 Drive, 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
TWO HUNDRED TEN THOUSAND FOUR HUNDRED EIGHTY FIVE AND NO/100************ Dollars
($ 210,485.00*****), 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
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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. 27th.
day of February 20 07
Nikola Corporation - --
CONTRACTOR/ Ait
By ///�%/
'error
• .ccordance 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
Merchants Bonding Company (Mutual)
SDRETY/G2� ^ te
Company Representative Matthew Robert Dobyns
Attorney in Fact
APPROVED AS TO FORM:
By /s/ 4✓ *-4//
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California }County of Orange } ss.
On -�1-0-7 , before me, J Mary Martignoni – Notary Public
Da Name id Title of Oft (e g Ja Do Notary Public)
personally appeared Matthew Robert Dobyns
Na e(s)of Sign ,(s)
Pi personally known to me
❑ proved to me on the basis of satisfactory evidence
:' Afl �� to be the person(s) whose name(s) is/are subscribed
GC f` ! + COMM.#1438392 to the within instrument and acknowledged to me that
a. r- NOTANYPUBLIC-CALIFORNIA 0 he/she/they executed the same in his/her/their
'`'"'" ORANGE COUNTY ce. authorized ca aci ies and that b his/her/their
r'U W
-:,-v-e( MI SS 0.2007 P tYC )r by
--4,4E,1 signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Pla Notary Seal Abo , 1 eta A
We of Notary 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: Matthew Robert Dobyns Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General RIGHTTNUHBPRIM ❑ Partner—❑ Limited ❑Attorney in Fact General
C$ ., OF RIGHT THUMBPRINT
lop of my 1b he ❑ Attorney in Fact ,'.oF SIGNER
,v
❑ Trustee ❑ Trustee Top h' 1ei
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other ❑ Other
Signer Is Representing: Signer Is Representing'
Merchants Bonding
Company (Mutual)
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02004 Natio al No ary Assoaaho 9350 De Soto Av PO Bo 2402•Chatsworth.CA 91313-2402 Item No 5907 Re roe Call To-F, 1-800.876 6827
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under
the laws of the Stale of Iowa,and having its pnncipal office in the City of De Moine County of Polk,State of Iowa hath made,
constituted and appointed,and does by these presents make,constitute and appal it
Les Michael Mantle,Matthew Robert Dobyns
of Fullerton and State of California its true and lawful Attar ey- -Fact,with full power
and authority hereby conferred In its name, place and stead,to sign,execute, acknowledge and deliver in its behalf as surety any
and all bonds,undertakings, recognizances or other wntten obligations in the nature thereof,subject to the limitation that any such
instrument shall not exceed the amount of:
SIX MILLION($6,000,000.00)DOLLARS
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authonzed officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of
said Attorney- -Fact,pur it to the authority here, given,are hereby ratified and confirmed
This Power-of-Attorney is made and executed pursuant to and by authonty of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002.
ARTICLE II,SECTION 8 The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-m-Fact,and to authonze them to execute on behalf of the Company and attach the Seal of the
Company thereto,bonds and undertakngs, recogn noes,contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II,SECTION 9 The signature of any authonzed officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recogni rice, or other elyship obligati of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed
In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and
its corporate seal to be hereto affixed,this 16th day of January,2006
m�ap0\NP g41A9 MERCHANTS BONDING COMPANY(MUTUAL)
psI.
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9 . 1933 By atir,
4,;14. \tea
STATE OF IOWA President
COUNTY OF POLK ss
On this 1 fith day of January,2006,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY(MUTUAL).the corporation described in the foregoing instrument,and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said nstmment was signed and sealed in behalf
of said Corporation by authority of its Board of Directors
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first
above written, /n/ /
'• CINDY SMYTH / y,ry[,Gp[.�],�,r�'✓
Y Commission Number 171504 WWW4A4--- /'
cam. My Commission Expires V
March 16,2004 Notary Public,Polk County,Iowa
STATE OF IOWA
COUNTY OF POLK ss
William Warner,Jr Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is
still in full force and effect and has of been amended or revoked,
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this 27 day of February 2007
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P ,J
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a 1933 C Secretary
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