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HomeMy WebLinkAbout98- Yellowstone Sports Center Security Agreement SECURITY AGREEMENT /,r;~ ~' Agreement is made and entered into this - day of '1 f--^,j ,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 01'$15,000.00. 2. Description of Collateral. The collateral ofthis security agreement, hereinafter referred to as "collateral," consists of a 1998 FLHPI Harley-Davidson motorcycle, VIN # IHDIFHR14WY622607. Debtor's Obligations, Generally. Debtor shall pay to Secured Party the sum evidenced by the above mentioned Promissory Notc in accordance with thc terms of such Promissory Note. Debtor agrees to maintain appropriate liability insurancc on the collateral until the Promissory Notc sccured hereby is paid in full. 4. Paymcnt of Promissory Note. H is understood and agreed that in the event the City of Bozeman returns the collateral to Yellowtone Harlcy-Davidson in good condition on or bcfore October 1, 1998, that the Promissory Note securcd by this Agreement shall be deemed paid in full and no monctary 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 first above written. SECURED PARTY: DEBTOR: YELLOWSTONE HARLEY-DAVIDSON CITY OF BOZEMAN ~ 1 . \ '--_~__ i ,1 By: --' 'A.-elL'(iC"....m ~,Jlj'--- , --=::".:-"'- By: ~ .,- ~.:r-'~--- '-~.".~"._.._m'._._..~_._.____ ARDYCE DEVRIES CLARK V. JOHNSON Secretary- Treasurer City Manager ATTEST: (2L~ oId~ ROBIN 1." SULLIVAN Clerk of the Commission PROMISSORY NOTE FOR VALUE RECErVED, the City of Bozeman, promises to pay to the order of Yellowstone Sports Center, Inc. dba Yellowstone Harley-Davidson the sum of$15,000.00 in lawful money of the United States, negotiable and payable to payee with no intcrest before maturity at the rate of 12% per annum if the Note is not paid on or before Octobcr 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 IHDl FHR14WY622607. In the event the City of Bozeman returns thc Harley-Davidson motorcycle to Yellowstone Harley-Davidson in good condition on or before October 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 thc holder of this note may recover such necessary expenses as may be incurred in collection, including a reasonable attorney fee. Thc maker hereof waives presentment, demand, protest and notice thereof. - -fIJ JJpu_'Q DATED this / -- day of ,1998 CITY OF BOZEMAN , \ ! By: .. . . ~\_;""o",<\'-"_ - CLARK V. JOHNSON City Manager HARLEY-DAVIDSON MOTOR COMPANY~ .~ . 1;I'I:lll~II""I'~':I,:l S.W.H. - SALES AND WARRANTY REGISTRATION HARLEY-DAVIDSON MOTOR COMPANY@ " MOTORCYCLE DEALER SET-UP VIN NUMBER DATE SHIPPED INVOICE NUMBER AND PRE-DELIVERY CHECK LIST ',1 II II I DEALER NUMBER DEALER NAME/ADDRESS This torm and the tollowing steps musl be completed by you for each new motorcycle before dBlivery to your purchaser. Eacr. item must be ackn owiedged by check mark (." I in th e fi rst col um n box (A) indicating COOl pi etion, or in the second colu mn bo x (N/ AI ind icat ing ilem does not apply. [- -' I ~ This form must be signed by the delivering dealer's servicing technician and the delivering dealer upon completion of set-up and Inspection. It must also be signed by the customer at the time of delivery, This check !.ist is to be used in con,i'Jnction with pertinent vehicl-e Pre-Delivery an.d Set.Up instructions. The pTOcedure u~s~d for specific items must be th-ose recommended in applicable in structions, Service Manuals, and Bu lIetins. If an Indicated component is factory TRANSFERRED TO installed, inspect for correct installati-:];'J, adjustment, operation and torque. DEALER NUMBER PRE-DELIVERY AND SET-UP CHECK LIST I I A - N/A A/ N/A ':10 UNCRATE - Check lor damaged or missing parts, R'.~ REAR SPROCKET - Check bolt torque. ':J::J BATTERY - Rerr,ove. add electrolyte, charge, remslall: ~~5 REAR WH EE L S POK ES - Check for loose spoke s and adjust DATE DELIVERED DAYTIME PHONE NUMBER check vent hos a rout in g, ' -' REAR FENDER - Check mounling Golt torque. I~/~/- II I ::{::J INSTALL WINDSKtELD, MIRRORS. HAND CONTROLS, '/0 REAR B RAK E - Ch eck flu id I eve I and piston ret u rr.. [(0 HORN & DIRECTIONAL lAMPS - and adjust if required, 0 REAR B RAK E PEDAL - Check prope r positio nand MO NTli DAY YEAR FRONT B RAK E - Cr,ec" j I u:d I evel an d pist 0 n return. [VO requ i red free pi ay. PURCHASER'S NAME::l Mr, 0 Mrs, 0 Ms. ::J Bus. ':I Mr, & Mrs. ~O HANDLEBPHS - Position and tighlen bolts to proper WI R ES - Cr.eck fasteners and ro uting. rTLE i FlRST , 40 sequence and tOfq'J e_ ~o ENGI NE - Check oogine moun~ng bolts and torque & transmission. LAST 1 . '::J V.O.E,S, . Check for proper operation, , TI RE S - Ch eck ai r press u reo '::J THRO TTL E CAB L E S - Chec" rout; n g a nd ad jeslm ent. ,. ~g FRONT DISC ROTORS - Check fastener torque, .'...1 FRONT WHEEL SPOKES - Check tor loose spJkes and adjust ::J EN RICH ENER - Check operation arm adjustn1€nt. PURCHASER'S NUMBER / STREET ADDRESS ,.3::J FRONT AXLE - Check nut torque and axle cap nullorque 8'0 SPARK PLUGS - Check e,ectrode gap and torque plugs, I I '0 FASTENERS - Check and tighten various motorcycle ,do following !>,oper sequence. cto fastene rs I exce pt head bolts. FRONT B RAKE CALI P ERS - Free on pins. moun t ing bolt ELECTRICAL COM PON E NTS - Check C{JElration and adiust: ~g ~orque. . headhght . hazard I ighls FRONT BRAKE U NES - Check routing and for leaks, , taill'ght . horn FRO NT FEN D ER - Ch eck fastener torq ue. , stop light. f ran I & rea r . starter . 0 FORK SEALS - If applicable, check for leaks and lock . ttlm 5~gnals -lndicator ligh1s CITY I PROVINCE, AND lOR STATE ZIP / POSTAL CODE / ring installation. ./ . engine off switch . inSI ru m ent lig hts I II I ~,::J FORK CLAMPS - Check upper and lower pinch bott torque, 00 STEERING HEAD BEARING - Check for'.djust .00 ()jL FILTER. Check for lea,s at mount and hoses. cio excessive :p lay and sm ooth movement . :'.~ " ~ ';' r-~' - - .,..,.,. '.,'-' ij"o JI FFY STAN D - Locks securely in down p<lsition and STEERING HEAD BEARINGS (SPRINGER). Lubricate / snap beck Ireely, I COUNTRY CURRENT H.O.G. MEMBER? IF YES, H,D.G. NUMBER do throu gh grease fitti ng, P RI MARY CHAINCAS E . Ch eck plOper chain ad justme nt r FU EL FI TTI NG S - Fi II tan k and check t or I~ in I uel system, I r-, II OYES II" I ~3 and oi I level. . ...I IG N ITIO N TIM I NG - Ch eok at proper rpm (carb. 0 n Iy) - \ CLUTCH CABLE - Check proper routing and adjustment. 0 ID LE - C heck idle speed setl ing, .~~ o NO OIL LEVELS - Check proper level - oil tank and transmission. 0 CHARGING SYSTEM - Check output. TYPE OF SALE SEAT - Check mounls, hand strap, seat latch adjuslment, ~'8 OIL PRE S SU R E - Check 0 il feed an d retum'lo lank, 60 SlSSyba r mount E F\ V EH I CL ES - Check: o Retail {Direct to Ultimate Consumer)' olice/Shrirle ...I Other SHOCK ABSORBER - Check mounting torque and adjust . fuel pressure . hot and cotd ,d Ie speeds NOTICE: It is the responsibjlity of the>,relivering dealer to complete and return Sales and Warranty 6'0 for ride, we ighl. zlG ' clea r any tro u ble codes SADDLEBAGS, TOUR-PAK - Check mountings, loc"s. ROAD TEST - Check: Registration form to Harley-Davidson, Inc., Milwaukee, WI 53201 or local distributor, witilin ten (10) days cover strike plate adj ustment, ti g htness of fasteners an d . e ng ine 0 para \ian . brakes opera~ion of deljvery date to comply with the provisions of the National Traffic and Motor Vehicle Safety Act, Public 60 wi re mul in9. . t ransm ission ope ration . motorcycie r,andling Law 89-563, and to qualify the vehicle for warranty. REAR BRAKE DISC ROTOR - Check lorque, . clutch operati on . C B/rad io ope ra l.ion A Harley-DaVidson embossed oW'f7er's idenrification card wil! be sent fo the o..vner when warranly registration forms is returned to us. 00 REAR BRAKE CALI P ERS - Free on pins, m ounling bo~ rzLo . c r UlS€ con t ro~ ope ration CALIFORNIA DEALER ONL Y: The emissions warranty statemerlt has been provided and explained. torque, C LE ANI NG CY C LE - C heck for j I uid leaks and pol i sh, .:21'0 ~O OWNER'S MANUAL - Explain contents 10 customer DEALER: I certify that I am the delivering dealer and thai this vehicle has been prepared for delivery REAR BRAK E Li N ES - Ch eck rc uti ng an d lor leaks t3 along with safety and rid ing tips handbook, according to all appljcable Pre-Delivery and Set-Up instructions; the warranty has been explained to pur- fg includjn g sw ilch fitUng. DELIVERY - Explain ope,alion and break-in procedures, chaser; the Owner's Manual has been delivered to the purchaser: and that the information on this form is REAR BELT - Check adjustment and alignment. MOTORCYCLE BEING DEliVERED WITH PAINT AND true, correct and complete to the best of my knowledge. I also certify that this vehicle was ordered with the VE H I ClE ALlG N ME NT - rear wheel: h mizon la I, ve rti cat (.If CHROME IN SATISFACTORY CONDIT10N intention for Retail Sale in the country of ' ", and make no repre- 11 adjustment is required, follow procedure il1 service :.a EVAPORATIVE CONTROL SYSTEM fCALlF ONL Y)- sentatio'b';at it meets specificatis.ns in any other country. I acknowledge that any misrepresentation on this manual. . Check hose ro utfn g and connect ion s, fuel tar k venti n 9 form will, b considered a maleri!il 'Preach of my dealer contract and may constitute grounds for termination. to ca n ister_ '/..l...,-,,1~~.,~,.. 'eeL)." .('---~:===;- 1..(-- / - 9( CERTI FICA TION,;, IF THE SET.UP AND lNSPECTION OF THIS VEHICLE WAS COMPLETED AT ANOTHER DEALERSH\P PHtOR TO TRANSFER OF VEHtClE, De~ivering Dealer 5,g natum Date (Month'" Day'" Year) Delivering Dealer's $ervj~ TechniciaR:ilpertify that I have Delivering Dealer's Servjce Technjcian: I certify lha: ~ CALIFORNIA PURCHASER ONL Y: The emissions warranty statement has been received and explained. compieted t~ret-u}'.and inspec\"",9fthir",:,~icle in speeted the vehide and that it has been prepared for del1Ve ry according /' " <. -": ............. to all applicable Pre. Delive ry and Set -U p inslructions, PURCHASER: This motorcycle has been delivered to me and is in acceptable condition. I acknowledge .1-../ ~/---- ~.' thaJ this vehicle is intended to only meet the specifications of the country stated above. I have received (.{) , './ ....... I ~/ { - " /: an Owner's ~anual and the warranty has been explained to me. '(.- / i .- . .<=~_...~.' i '.-- ,....... Delivering Dealer's/3ervlce Technician Slg-nature Dale (MonthiDa.:.'iYear) De I ive ring Dea Ie r's Servi ce Tech n ician S ignat u re DaLe (Montt\'DaylY -ear) ~~ '.-~ ~~- < D-e\i... 8('1 A:::cepteri by Purchaser + S ig:nature Da.te ,:Month " Da~' .. Year) 501-F Rev. 7-96 COp}' D istri'b-utirnl' Wh ite ;)riginal - Harley~Davidson< Inc.. Veliow - Customer Pin:k - Dealer .~~._-