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Home My WebLink About98- Yellowstone Sports Center Security Agreement (2) SECURrry AGREEMENT Agreement is made and entered into this jsft day of !Jp^-_~Q , 1998, by and between City of Bozeman, of 411 East Main, Bozeman, Montana 59715, hereinafter referred to as "debtor," and Yellowstone Sports Center, Inc. dba Yellowstone Harley-Davidson ofP. O. Box 569, Belgrade, Montana 59714 hereinafter referred to as "Secured Party"; WHEREAS, in consideration of the mutual covenants and promises set forth herein, Debtor and Secured Party agree as follows: 1. Creation of Security Interest. Debtor hereby grants to Secured Party a security interest in the collateral described in Paragraph 2 of this agreement to secure the performance and payment of a Promissory Note in the amount of$15,000.00. 2. Description of Collateral. The collateral of this security agreement, hereinafter referred to as "collateral," consists ofa 1998FLIIPI J-larley-Davidson motorcycle, VIN # lHD1FHR18WY622500. Debtor's Obligations. Generally. Debtor shall pay to Secured Party the sum evidenced by the above mentioned Promissory Note in accordance with the terms of such Promissory Note. Debtor agrees to maintain appropriate liability insurance on the collateral until the Promissory Note secured hereby is paid in full. 4. Payment of Promissory Note. H is understood mId agreed that in the event the City of BozcmmI returns the collateral to Yellowtone Harley-Davidson in good condition on or before October l, 1998, that the Promissory Note secured by this Agreement shall be deemed paid in full and no monetary payments shall be due from the City of Bozeman to Yellowstone Harley-Davidson pursuant to the Promissory Note secured by this Agreement. 5. Proceeds of Collateral. Debtor hereby grants to Secured Party a security interest in and to all proceeds of collateral, as defined by Section 30-9-306, M.C.A. This provision shall not be construed to mean that Debtor is authorized to sell, lease, or otherwise dispose of collateral without the written consent of Secured Party unless otherwise provided in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year tirst above written. SECURED PARTY: DEBTOR: YELLOWSTONE HARLEY-DAVIDSON CITY OF BOZEMAN /1 I , 1 ---.-,---- - \ By: C'2:> ...A &'-tIG-- c>>....(!tL.-.:~~ By: "---y"=-~.,,_. ---------__ ARDYCE DEVRIES CLARK V. JOHNSON Secretary- Treasurer City Manager ATTEST: (J~ /.L~ ROBIN L SULLIVAN Clerk of the Commission PROMISSORY NOTE FOR VALUE RECEIVED, the City of Bozeman, promises to pay to the order of Yellowstone Sports Center, Inc. dba Yellowstone Harley-Davidson the sum 01'$15,000.00 in lawful moncy ofthc United States, negotiable and payable to paycc with no interest before maturity at the rate of 12% per annum if the Note is not paid on or beforc October 1, 1998. This Note shall be due and payable in full on October 1, 1998. It is understood and agreed that this Note is secured by a 1998 FLHPI Harley-Davidson motorcycle with a vehicle identification number of IHDIFHRI8WY622500. In the event the City of Bozeman rcturns the Harley-Davidson motorcycle to Yellowstone Harley-Davidson in good condition on or before Octobcr 1, 1998, this Note shall be deemed paid in full and no monetary payments shall be due from the City of Bozeman to Yellowstone Harley-Davidson. In the event of default, it is agreed that the holder of this note may recover such necessary expenses as may be incurred in collection, including a reasonable attorney fee. The maker hereof waives presentment, demand, protest and notice thereof. 0 JJp_^-~__(L DA'l'ED this l" day of ,1998 CITY OF BOZEMAN By: \ b ----~: - CLARK V, JOHNSON City Manager HARLEY-DAVIDSON MOTOR COMPANY~ > . t: 1,1.: II ~ ~~III, j!l~ill~ I S.W.R. - SALES AND WARRANTY REGISTRATION HARLEY-DAVIDSON MOTOR COMPANY@ " MOTORCYCLE DEALER SET-UP VIN NUMBER DATE SHIPPED INVOICE NUMBER AND PRE-DELIVERY CHECK LIST I- II II I ., , This !orm and the following s:eps must be completed by you tor each new motorcyole before dekvery to your purohaser. Each item must be DEALER NUMBER DEALER NAME/ADDRESS aoknowle<!ged by cl1eok mark {';) in the first CDlumn box (A) indicatmg completion, 0' in the seoond oolumn box (N/A) indicating item does not apply. [. i ~ This form must be signed by the delivering dealer's servicing technician and the delivering dealer upon completion of sel-up and inspection, It must also be signed by the customer at the time of delivery. Th;s check list is tc- be used in conjunction wit'!1 pertinent .....ehicle Pre. Delivery and Set.Up instructions. The procedure userlror specFfic items must be those recommended in applicable instructions, Service Manuals, and Bu Iletins. I~ an indicated compol1ent is factory TRANSFERRED TO installed. inspec~ for correcl ins~alla'ion, ad~;Jstment, operation and torque. DEALER NUMBER PRE-DELIVERY AND SET-UP CHECK LIST I I A "N/A A N1A fr'B UNCRATE - Check for damaged or m.ssing parts, '::l ::l REAR SPROCKET - Che~k bolt lorque, BATTE R Y - Re move, aad ei ect ro Iyte, ch arge, rei n stall; .::J::l REAR WHE EL SP 0 KES - Ch eck for loose spokes and adiust DATE DELIVERED DAYTIME PHONE NUMBER c heck vent hose rou t il1g. ao REA R FE N D ER - Check m 0 unli n g bolt to rque. I '/ ~ / "11 I ~O INSTALL WINDSHIELD, MIRRORS, HAND CONTROLS, ::10 REAR BRAKE - Check fluid level and piston return, / HORN & DIRECTIONAL LAMPS - and adjust ii required, ;JO REAR BRAKE PEDAL - Chack propar posiiion and M<lNTH --o;,y YEAR rg.'8 FRONT BRAKE - Cheok fiuid laval and piston return, req u i red free play. PURCHASER'S NAME: :J Mr, 0 Mrs, 0 Ms, 0 Bus, <:I Mr. & Mrs, HAN D LEBAR S - Pos il io~ and tighten bo II s to proper :10 WI RES - Check fasten ers and roul ing, :i 0 ENGI NE - Chock engine mounii"!) bolts and torque & Iransmissi:r1, ITITLE i FIR~T: . LAST I ,g:,.:l sequence and torque. ~/8 v. O.E. S. - Check for p rope r ope ra lion, TtRES - Cnec" air pressure, ;U...J FRONT 01 S C ROTORS . Check fasten er torq u e. THROTTLE CABLES - Cheok rouling and adjustrr.ent. ;~L,.:l FRONT \^/HEEL SPOKES - Chock for Ioosa spokes and adjust, ,0 E NR ICHENER - Check operation and adjustment. PURCHASER'S NUMBER t STREET ADDR ESS ,.1 ..J FRONT AXLE - Cheok nut torque and axle oap nul torque Gl/O SPARK PLUG S - C heck electrode gap and torq u e pi ug s. .1 I ' ./ follow ing proper seq uen ceo !30 FASTENERS - Check and lighten various motorcycte d::l F RON T B RAKE CALI P ERS - F rea on p;ns, m ou ntin g bo II iZlo I a stene rs, exC€ pt h ea d bolts. ELECTRICAL COMPON ENTS ' Check operation and adj ust }~ torque_ . headl i g ht . hazard lights FRONT BRAKE U NES - Check rout ing and for leaks, . tail!ight . horn FRONT FENDER - Chec~ lastener lorque, . stopl ight, 1 ront & rea r "starter , FORK SE ALS - If a pp Ii oable, chec k lor leaks an d tock . ~urn signals .. ind icator lights CITY / PROVINCE, AND / OR STATE ZIP / POSTAL CODE a:J ri n 9 rnsta Ilat ion. . eng.n e off switch .. in st rum ent lig h ts I II I FORK CLAMPS - Check upper and lower pinch bo~ torque. )30 STEERING HEAD BEARING - Check for an~''1"st ;.to OIL FIL TE R - Check lor Ie a ks at mo unl and hoses. exce ssive play an d sm oath m Qvem 001. ' ., ],d'0 JI F FY STAND - Looks see urely in down posrtion and .W 0 STEERING HEAD BEARINGS (SPRINGER) - Luoricate snap back free Iy, .' throu gh g rea se f M ing, COUNTRY CURRENT H.O.G. MEMBER? IF YES, H.O.G, NUMBER 00 P RIMA RY C HA I N CAS E - Check proper ohain adjustm enl U 0 FUEL FI TTI NGS - Fill tan k and check for leaks)~ luel syslem. I II o YES I r I 11,0 an-d oil I evei. ~ 0 IGNITION TIMING - Check at proper rpm (caitr'ilnly) CLUTCH CABLE - Check proper routing and adjustment. ' . 0 IDLE - Che ok id Ie speed sell ing, ::l NO DO 01 L LEVELS - Check proper level- oil tank and lransmission, ,- / 0 CHARGI NG SYSTEM - Chock outpuL TYPE OF SALE ii'o SEAT - Cheok mounts, hand strap. seat latch adjustment, WO/ OIL PRESSURE - Check oit feed and relum to tank, ~~ s issybar m ou nt iZl EFI VEHICLES - Check: ' '..J Retail (Direct to Ultimate Consumer) ! P oyetS h ri ne '::l Other [:<1' 0 SHOCK ABSORBER' Check mounting torque and adjust .. fu el pressure ' h 01 and CD Id idl e speeds It is the responsibility of the de Ivering dealer to complete and return Sales and Warranty 60 for rider weight 6:1 . claar any lrouble codes NOTICE: SADDLEBAGS, TOUR-PAK - Check mountings, locks. ROAD TEST - Check: Registration form to Harley-Davidson, Inc., Milwaukee, WI 53201 or local distributor, within ten (10) days cover str ike plate adjustment, ti g htness of fasten ers and . e ng ine operation . brakes operat ion 01 delivery date to comply with the provisions of the National Traffic and Motor Vehicle Safety Act, Public wi re rout ing_ . t ransm iss ion 0 perat ion . motorcycle ha nd I in g Law 89-563, and to qualify the vehicle for warranty, 13:J REAR BRAKE 0 I SC RO TO R - Cheok tOT~ ue, . cl utch operation . C B/radio operat ion A Har.'ey.Davidson embossed olNner's identification c.ard will be sent to the owr.er when warranty registration forms is rerurned to us. CJ ::l REAR BRAKE CALIPERS - Free on pins, mounting boll ~'O . cr ui se conlrol ope ratIon CALIFORNIA DEALER ONL Y: The emissions warranty statement has been provided and explained, torque, CLEAN I NG C Y C LE - Cheok for ftuid leaks a nd pol ish, '0 OWN ER' S MAN U A L - Expla;n contenls 10 cuslomer DEALER: I certify that I am the delivering dealer and that thjs vehicle has been prepared for delivery Q::l REAR BRAKE II N ES - Check rout ing and for lea ks rzf'o al on g wit h safety and rid ing ti p s handbook, according to all applicable Pre-Delivery and Set-Up instructions; the warranty has been explained to pur- in 01 uding switoh fi~ ing, DEli VE R Y - Exp lain 0 perat ion and break- in p rocad u res, chaser; the Owner's Manual has been delivered to the purchaser; and that the information on this form is 00 REAR BELT - Check ad j ustm ent and afig n m ent. 0..0 MOTORCYCLE BEING DELIVERED WITH PAINT AND true, correct and complete to the best of my knowledge. I aJso certify that this vehicle was ordered with the I:r 0 VE HI CLE ALlG N ME NT - real whee I: h or izonla I, ve rticat / CHROME IN SATISFACTORY CONDITION, intention for Retail Sale in the country of and make no repre- If adfu stmen t is required, foUow procedu re in se rv ice 6" EVAPORATIVE CONTROL SYSTEM (CALIF. ONL Y)- sentatio?jthat it meets specifications in any other country, I acknowledge that any misrepresentation on this manual. Check hos e ro ut ing and connect ion s. 1 uel tan k venting form will Qe considered a materffi,l bre?ch of my dealer contract and may constitute grounds lor termination, to can iste r. 'oJ'" .. ,. j,' (', --- - Y . j (j" CERTIFICATION: IF THE SET-UP ANO INSPECTION OF THIS VEHICLE WAS COMPLETED AT ANOTHE~ DEALERSHIP PR I OR TO TRAN SFER OF VEH ICLE: - ~_. j --J 1'40.: ,~__. ~_.... ,_--f-~. -t ~.-. - 1 . f Delivering Dealer's ServiCf' TechniCian: I certrry that I hava Delivering Dea~e( Signa1.ure D.a~e (Month i Day ,.- Year) Delivering Dealer's Service Technician: I certify that ~ CALIFORNIA PURCHASER ONL Y: The emissions warranty statement has been received and explained. complElled tc,e set-up and)hspeolion of Ihis vehicle. inspected th e vehicle and that il has been prepale<! lor del ivery accord ing 10 atl applicable Pre-Delivery and Set-Up instructions, PURCHASER: This motorcycle has been delivered to me and isin acceptable condition. I acknowledge that this vehicle js intended to onlv meet the specifications of the country stated above, I have received j ~j~~ ....:.... l I fi an Owne~s Ma~ual and. the warranty has been explained to me. ......~--'. , ~ :-1:-":- ~ ~~-'-4.,- ' +-. -,-~ _. ,.... .,-.....~. (l-- , _ 'Ii" Del ive-ring D€a 1er's Service Tech n i ci an S~gna tu re Dale (Mon1 r.'DaylY 00') De Irver in 9 Dea ler's Service Tech n i cia n Signalu re Dale (Mot'll h.'DayN -ear} . 501-F Rev, 7-96 Ptnk - Dealer 081 i'Jery Accep1 ad b~' PUrcM:s.8{ - S'gna.ture Da~e (Momh l Day"- Year) Copy Dislfibu1 ion: While 0 ri ginal - Harley.Davidson, Inc. VelieWI' - Cusromer