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HomeMy WebLinkAbout98- Yellowstone Sports Center Security Agreement (3) SECURITY AGREEMENT @ day of~, 1998, by and Agreement is made and entered into this J between City of Bozeman, of 411 East Main, Bozeman, Montana 59715, hereinafter relerred to as "debtor," and Yellowstone Sports Center, Inc. dba Yellowstone Harley-Davidson of P. 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 ofthis security agreement, hereinafter referred to as "collateral," consists of a 1998 FLHPI Harley-Davidson motorcycle, VIN # 1 HOl FHR19WY622487. 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. It is understood and agreed that in the event the City of Bozeman returns the collateral to Yellowtone Harley-Davidson in good condition on or before October 1, 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 first above written. SECURED PARTY: DEBTOR: YELLOWSTONE HARLEY-DAVIDSON CITY OF BOZEMAN 0 I ! -D-1.!...f-,,--"_-._~:.;- 1 ~ c- By: < ~..~ By:,. ---i ,_,-d<-p..-_,,- ...,.-.,.~,,-~ --- --~..--.....---.--- ARDYCE DEVRIES CLARK V. JOHNSON Secretary- Treasurer City Manager ATTEST: ~ J~~ 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, Tnc. dba Yellowstone Harley-Davidson the sum of$15,000.00 in lawful money of the United States, negotiable and payable to payee with no interest before maturity at the rate of 12% per annum if the Note is not paid on or before October I, 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 FLHPT Harley-Davidson motorcycle with a vehicle identification number of IHDIFHRI9WY622487. In the event the City of Bozemml returns the Harley-Davidson motorcycle to Yellowstone Harley-Davidson in good condition on or before October 1, 1998, this Note shall he 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. 'i~ ~ p~Q. DATED this / /,--- day of ,1998 CITY OF BOZEMAN I I ~~ARK~~~ City Manager HARLEY-DAVIDSON MOTOR COMPANye ,> . 1-I-l:n~QJ!o'd I~~I ,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 'r II II I DEALER NUMBER DEALER NAME/ADDRESS This form and the folle-wing s~eps must be completed by you for each new motorcycle before delNery to your pu~chaser. Each jtem mus! be acknowledged by cheel< mark (.;i in the first column box (Ai indicating completion, Of in the second column box iNiA) indicaling item does not apply. I- I ! This form must be signed by the delivering dealer's servicing technician and the delivering dealer upon completi<ln of set-up ,.. and inspeclion. It must also be signed by the customer at the time 01 delivery. This check list is to be used in conjunction with pertinent vehicle Pre~Delivery and Set-Up ins~ructions. The procedure used"for specilic items must be those recom mended in applicab-ie ~l1struG~ions, Service Manuals, and BuHetins. If an indicat-ed component is tactory TRANSFERRED TO installed, inspect for correct installation, adjustmenl, operation and torque. DEALER NUMBER PRE.DELlVERY AND SET-UP CHECK LIST I I ~A A /WA UNCRATE - Check fm damaged cr missing parts, [[-0 REAR SPROCKET - Check bolt torque. o SA TTERY - Remove, add elecirolyle. e!1arge, reinsta!l; .0 REAR WH EE L SPOKE S . Check for loose s pokes an d adjust. DATE DELIVERED DAYTIME PHONE NUMBER ~/O chec k VB nt h O$e ro uti"lg. 1Zf/0 REAR FENDER - Check mounting boll torque, I-/~/- II INSTALL WINDSHIELD. MIRRORS, HAND CONTROLS, ~,O REAR BRAKE - Ch eck II u id level an d piston retu rn, j' e(0 HORN & DIRECTIONAL LAMPS - and adjusl if required. -0 REAR BRAKE PEDAL - Check proper position and 1.10 NTH DAY YEAR FRO NT B RAK E - C hec k fl u id I eve: and pisto~ rei urn. r:{:0 required free play, PURCHASER'S NAME::J Mr, 0 Mrs, 0 Ms, 0 Bus,::J Mr. & Mrs. 0"0 HAN DLEBfl, R S - Position an d \igh\a n bolts 10 proper WI R ES - Ch eck fa sleners and ro uti ng, ITITLE FIRST I 0::6 sequence and torque_ 9<9 ENGINE - (;heel< €f1g1'1e mounting bolts and le<que & transm issOn, .LMI y....J V.O.E.S, - Check for propar operaticn, fg TI R ES - Check air press ure. j;j'::J TH RO TILE CA B LES - Check routi n g and adjustm en t. FRONT DISC ROTORS - Check faslener torque. ,....J FRONT 1M-! EEL SPOKES - Check lor 100513 spokes and ooius!. o,:g EN RICHE NER - Check oparation and aoju stmen!. PURCHASER'S NUMBER / STREET ADDRESS V"::J F RON T AXLE - Ch ack n ullorq ue a nd axle cap nut 10 rq u e 5'5 SPARK PLUG S - Check electrode ga p an d 10 rq u e pi ug s. I I foflowing propar seque nca. FASTENERS - Check and tighle~ various motorcycle el::J / lasteners. except head bolts. FR ONT S RAKE CALI P E RS - Free on pins, moun ling bo It do ELECTRICAL COMPONENTS - Chack operation and adjust torque. . headl 'gh t . haza rd Itg hts iB FRO NT BRAKE LI NES - Check rout ing 8/1d for leaks, .1ail~igh~ .hom . FRO NT FE NDE R - Chec~ fasten er lorq u e. . stopligh t, Iron t & rear "stal1er .' 0 FORK SEALS - II applicable. check lor leaks and lock .. turn signals . indica tor Ii g hts CITY l PROVINCE, AND l OR STATE ZIP / POSTAL CODE I ring installalion. rio . eng ine off switch .. instrum ent lig h ts I II I f8 FORK CLAMPS - Check u ppar 8/1d lower pincl1 bon torq ue, STEERING HEAD BEARING - Check lor aQl;l.st OIL FILTER - Check!or leaks at mount and hoses. / excess ive play and smooth movement. . , ;'1' JIFFY STAN D - Locks see "rely in down pos il io n an d O::J STEERING HEAD BEARINGS (SPRINGER) - Lubr;cate COUNTRY CURRENT H.O.G. MEMBER? IF YES, H,O,G. NUMBER iA'::J sn ap back freely. thro ugh grease lilting. PRIMARY CHAINCASE . Check propar chain adjustment ~::J FUE L FITIIN G S - F ill tank and check for leak~ fuel system, I II OYES I I" I ~:l and oil level. ,. ::J IGN ITI ON TI M I N G - Check at propar rpm (carb. on IYi ~ CLUTCH CAB L E - Check pro pe r ro ul ing an d adjustment. ~5 ID LE - Check Id Ie speed sett ing, ,~ o NO t'8 01 L LEV ELS - Check proper level - oil t8/1k and transrn issdoo. CHARG I NG SYSTEM - CIleck output. TYPE OF SALE SEAT - Check mounts, hand strap, seatlaich adjustment, '. /0 Oil PR ESS U RE - Check 0 i I feed and retu rn ~nk, . P)lIicelShrine IZ{ 0 s issybar mount. 00 EFf VEHICLES - Check: o Retail (Direct to Ultimate Consumer) o Other SHOCK ABSORBER - Check mounting lorque and adjust . fuel pressure . hot and cold id Ie speeds , . c lea r any t ro u ble codes NOTICE: DO for rider wa ighl, IZ{ 0 It is the responsibiljty of the delivering dealer to complete and retum Sales and Warranty 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 strike plate adjustment, tightness of fasteners and . engine operal ion . brakes operation of delivery date to comply with the provisions of the National Traffic and Motor Vehicle Safety Act, Public , wi re rou t ing. .. tran sm ISs ion ope ration ' motorcycle hand Iln g Law 89-563, and to qualify the vehicle for warranty. 6.::J REAR BRAK E D I S C ROT OR - Ch eck torq "e. . cl uteh operat io n . CB/radio operation , . cru i se con t ro I operation A Harley.Oavidsofl embossed oiNrler's identification ca,.-cl wil,' be sent to ~t't.e o~er \yhen warranty registration /of!Tl$is retfJmed to us. ~ ::J REAR BRAKE CAL: PERS - Free on pins ,mo u nt In 9 bo n t3 CALIFORNIA DEALER ONL Y: The emissions warranty statement has been provided and explained. @O torque, CLEAN I NG CYCLE - Check lor flu id leaks and pol ish, OWNER'S MANUAL - Explain contents 10 customer DEALER: I certify that I am the delivering dealer and that this vehjcle has been prepared for delivery REAR BRAKE LI N ES . Check rou tin g a nd for leaks e(0 along with safely and ridin 9 I ips handbook, according to ail applicable Pre-Delivery and Set.Up instructions; the warranty has been explained to pur- ~'g in clud ing switch fi tl in g. DELIVERY - E>q:>lain operation 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 adjuslment and alignment ao MOTORCYCLE BEING DELIVERED WITH PAINT AND true, correct and complete to the best of my knowl.edge. I also certify that this vehicle was ordered with the VEH I C LEA UGN M E NT . fear whee I: hor izontal, vertical. ,~ CHROME IN SATISFACTORY CONDITION. I! adjustment is required, follow procedure in S8Nice EVAPORATIVE CONTROL SYSTEM ICALlF ONL Y)- intention for Retail Sale in the country of and make no repre- manual. sentatio''i' that it meets specifications in any other country, I acknowledge Ihal any misrepresentation on this / C hec k hose rout ing and connect ion s, fu el tan.k lien-tin 9 ,f~rm ;lIt"~:~s~~:re~d a~[j~:ll:ac: Of~,: ~ealer contract and may constitUqrO~nds~o;termination, to canisler. CERTI FICA T1ON:, IF THE SET.UP ANO INSPECTION OF TH~S VEHICLE WAS COMPLETED AT ANOTH E R DEAL E RSH I P P R~O R TO TRAN SFE R OF VEH I CLE: O-efiverin g Dealer Signature Date (Mon~h l Day l Year) Delivering Deaier's #rvice Technician: I ~eotriy that I have Delivering Deaier's Service Techn;cian: I certify that ~ CALIFORNIA PURCHASER ONL Y: The emissions warranty statement has been recejved and explained. com pleted fhe set -up' ard <rn;pecl ion ~f I h is,Y8h;cl.e. inspacled the vehicle and that it has been prepared for delivsi)' according , 'J ;' f to al: appl icable P re-Delive<y and Set -U p instructions. PURCHASER: This motorcycle has been delivered to me and is in acceptable condition_ I acknowledge , J /'" that this vehicle is intended to Q!Jly meet the specifications of the country stated above. I have received f , ;"--- .~.- l/ - 1_ :;.) ,. -/ ,"",~"":':'""::_-- an Owner's Manual and the warranty has been explajned to me, /.1\ ,-~ : ' ' \ . t-( , , . ~ ,__ . ___ __. -.. _~_, ".. __.~_..c-.......... , 1/ Del iver irig DBa ler' 5 ~efvice T echn IC ian Sign at ure Date (Mot'1ll1o'DayiY ear) DeriVE ri n 9 Deale r's Serv ice Technic ian Si gnatur€ Dale (Mon1h'OaylY ear} . '. ~ - -<Iif'--r.~-=.=-..;...-""_:t: ~ - ~ i -....; ~ , Deliver)' Ac-cepl ed b~' Purchas-er . S'gnal Lire Dale (Monlh _I Day l Year) 501-F Rev. 7-96 Copy Disl ribLI1iofl: White original - H.arley-D<3vidson. lnc Ye-llow - CLtStomer Pink - Dealer --~~~~ --