Project 181 - Bond - Nikola - 2007-02-07 (2) AgVI
5/23/2006
EXECUTED IN TRIPLICATE $3031.00 PREMIUM IS FOR CONTRACT TERM AND
FAITHFUL PERFORMANCE BOND IS SUBJECT TO ADJUSTMENT BASED ON FINAL
BOND NO CAC 60909 CONTRACT PRICE
COSTA MESA SANITARY DISTRICT
FAITHFUL PERFORMANCE BOND
(District Contract)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS COSTA MESA SANITARY DISTRICT a California sanitary
district, by minute order of the Board of Directors, adopted on Feb 7, 2007
has awarded to
Nikola Corporation
NAME OF CONTRACTOR
18012 Cowan, Suite 290 Irvine CA 92614
ADDRESS OF CONTRACTOR
hereinafter designated as the 'Principal" a Contract for the work described as follows:
Project #181 - Newport Blvd. Sewer at 19th St. 6 Placentia Ave. Sewer at 18th Street
JOB NAME AND JOB ADDRESS
WHEREAS, the said Principal is required under the terms of said Contract and
Districts Operations Code Section 7.05.030 to furnish a bond for the faithful
performance of said Contract, including a one-year guarantee of the work performed.
NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
Merchants Bonding Company (Mutual
2100 Fleur Dr , Des Moines, Iowa 50321
(NAME AND ADDRESS OF SURETY)
duly authorized to transact business under the laws of the State of California, as Surety
are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum
of: TWO HUNDRED TEN THOUSAND FOUR HUNDRED EIGHTY FIVE AND NO/100**********Dollars
($ 210,485.00*********), said sum being not less than one hundred (100%) percent of
the 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.
1
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, hereby 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 27th
day of February 20 07
Nikola Corporation
PRINCIPAL/CONTRACTOR - ,
By ��14/
Co ..krTl f.'�.- fr
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
Merchants Bonding Company (Mutual)
SIIRETY O,�
By-
�tXror� v„
Company Representative Matthew Robert Dobyns
Attorney in Fact
APPROVED 0 FORM:
By /s/ ryk4_,7
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County oft_ Orange ) ss.
On I —0) , before me, J Mary Martignoni — Notary Public
Da Name id Title al Ohio to g 'Ja Doe,Notary PubliC")
personally appeared Matthew Robert Dobyns
Na e(s)of Sign r(s)
$$personally known to me
❑ proved to me on the basis of satisfactory evidence
. v>t ,, MARY MA�Qb (} to be the person(s) whose name(s) is/are subscribed
n
COMM.#1438392 to the within instrument and acknowledged to me that
c ,rTJn NOTARYPUBUC-CALIFORnIA he/she/they executed the same in his/her/their
1 c C'� -- ORANGE COUNTY authorized capacity(ies), and that by his/her/their
fill !' My Cana Exp.Sept 9,2OOT [I
04 1 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 - say
lir r of No ary 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 Signers Name:
El Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—CI Limited ❑ General RIGRrn1UNBPRIM ❑ Partner—❑ Limited ❑ General RIGNTTHUKBPRIM
IX Attorney in Fact ui Ill ID El Attorney in Fact ,OFSIGNER a
lup of ill ID her y
CI Trustee ❑ Trustee Tip Ill 10
❑ Guardian or Conservator El Guardian or Conservator
El Other• Cl Other
Signer Is Representing: _ Signer Is Representing:
Merchants Bonding
Company (Mutual)
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