HomeMy WebLinkAbout98- Yellowstone Harley-Davidson Security Agreement
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SECURITY AGREEMENT
Agreement is made and entered into this ;-~ day of iJ (JA: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 of this security agreement, hereinafter referred to as "collateral," consists
of a 1998 FLHPI Harley-Davidson motorcycle, VIN # 1 HD1 FHR 12WY62251l.
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 and agreed that in the event the City of Bozeman returns the collateral
to Yellowtone llarley-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
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B ,<~Q. -12 L~ -~, By: ;, \
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ARDYCE DEVRIES CLARK V. JOHNSON
Secretary -Treasurer City Manager
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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PROMISSORY NOTE
FOR VALUE RECEIVED, the City of Bozeman, promises to pay to the order of
Ycllowstone Sports Center, Inc. dba Yellowstone Harley-Davidson the sum of$15,000.00 in
lawful money of the United States, negotiable and payable to payee with no interest before
maturity at the rate of 12% per annum if the Note is not paid on or before October 1, 1998.
This Note shall be due and payable in full on October 1, 1998. It is understood and
agreed that this Note is secured by a 1998 FLHPI Harley-Davidson motorcycle with a vehicle
identification number of 11101 FHR12WY622511. In the event the City of Bozeman returns
the Harley-Davidson motorcycle to Yellowstone Harley-Davidson in good condition on or beforc
October 1, 1998, this Note shall be deemed paid in full and no monetary payments shall bc due
from the City of Bozeman to Yellowstone Harley-Davidson.
In thc cvent of default, it is agreed that the holder of this note may recover such
ncccssary expenses as may be incurred in collection, including a reasonable attorney fee. The
maker hereof waives presentment, demand, protest and notice thereof.
DATED this r~ day of !Jf~K ,1998
CITY OF BOZEMAN
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By: "';'" '.',-$-\'- -
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CLARK V. JOHNSON
City Manager
HARLEY-DAVIDSON MOTOR COMPANY" .~
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nl:lll~lr",'lll~II.l S. W.R. - SALES AND WARRANTY REGISTRATION HARLEY-DAVIDSON MOTOR COMPANY@
l . " MOTORCYCLE DEALER SET-UP
VIN NUMBER DATE SHIPPED INVOICE NUMBER AND PRE-DELIVERY CHECK LIST
1 , II J ''';- I II
DEALER NUMBER DEALER NAME/ADDRESS This form and tre following sleps must be cOlT'pleted by you lor each new molo,cycle before delivery to your purchaser. Each ilem musl be
acknowledged by check mark ("'i in the firsl colulT'n box (A) indicating completion, or in the second column box (NiA) indicating ilem does not apply,
1- This form must b.. 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 ot deiivery.
This check list is to be used in conjur.ction with pertinen! vehicle Pre~Delivery and Se~-Up il1structions. The procedure usia for speclftc
l items must be those recommended in applicable inst~uctiol1s, Service Man uals. and Bulletins. II al1 indicated componen~ is factory
TRANSFERRED TO insta:led, inspect for correct instaitatior., adjustment. operation and torque.
DEALER NUMBER PRE-DELIVERY AND SET-UP CHECK LIST
I I A .MA A, NlA
.;,:fo UN C RATE - C~eck for damaged 0 r m i ssm 9 pa~,s. 3<:] REAR SPROCKET - Cheo k bo It torq ue,
:10 SA TTE R Y - Rem ove, add elecl rolyle. cha rge, re install; ::LO REAR W HEEL SP 0 KES - Check for loose spoke sand adju 51.
DATE DELIVERED DAYTIME PHONE NUMBER ch eck vent hose rou t in.g. 30 REAR FE N 0 E R - Check mountin 9 bo It to rque_
I~/_/- II I :::f 0 INSTALL WINOSHIELO, MIRRORS, HAND CONTROLS, aO REAR BRA KE - Check fiuid level an d p isto n ret,- rn.
HORN & DIRECTIONAL LAMPS - and adjusl if required, ;:J/O REAR BRA KE P E D AL - Check proper pDs itior. and
MONTH DAY YEAR Bg FRONT BRAKE - Check fluid level and piston return. M;g requ;red free play,
PURCHASER'S NAME: ':J Mr, 0 Mrs. ':J Ms. :l Bus. 0 Me & Mrs, HANDLEBAR S - Pos i\ion a nd I igh len bo Its 10 prope r WI RES . C he ck fasteners and rout ing.
.- sequenGe and lorqu€. ENGINE - Check engine mounling belts and lorque & Iransmission,
ITITLE FIRST J.,O&[ I &0 ~{] V,O.E.S, . Check fo< proper operation,
TI RES - Checll: air pressure. ~
erE FRONT DISC ROTORS - Check faslener lorque, THROTTLE CABLES. Check routing and adjustmenl.
F RaNT WH EEL SPOKES - Check for loose spokes and adjusl. fa ENRICHENER - Creek operation and adjuslment
PURCHASER'S NUMBER / STREET ADDRESS 0'0 FR 0 f.< T AXLE - Check nut torq u e ar d axle cap nut torqu e SPARK PLUGS - Check electrode gap and tor~ue plugs.
I I iii'o following pro pe r sequen ceo FASTENERS - Check and lighten various molorcycle
FRONT BRAKE CALIPERS - Free on pins, mounling bolt 60 fasten e rs, except head bo Its.
" - " / ELECTRICAL COMPONENTS - Check operation and adjus\:
zLo torque. . head I igh I ' hazard I ighls
Ja,-Q FRONT BRAKE U NES - Cheek routinjJ an d for leaks, .taillighl . horn
. FRO NT FENDE R - Check I a slener torq ue, . stopii ght, fronl & rea r "starter
0'0 FORK SEALS - If applicable, check for leaks and lock .. turn signals . in d icalor I ighlt
CITY / PROVINCE, AND / OR STATE ZIP / POSTAL CODE ring insl a Ilat ion_ J2f !::J . eng ine off switch .. in st ru men.t ligh ts
I II I ~ FORK CLAMP S . Cheek upper and lower pinch bo~ torq ue, STEERING HEAD BEARING. Check for ~uSI
,h..... ~. ~~ ~l (' l' )...J 01 L Fi L TE R - C heck for leaks at m ou nt an d hoses, ;3'::J -excess ive play al1d smooth m ovem en t.
. ~c 9'::J JIFFY STAND - Locks see ure Iy in down position an d STEERING HEAO BEARINGS (SPRiNGER) . Lubricale
COUNTRY / snap beck freely, z(a thro ugh grease I itl ing.
CURRENT H.O .G. MEMBER? IF YES, H.C.G. NUMBER A"'::J PRI MARY CHAIN CAS E . Ch eck proper ch a i n adjustment F UE L FITTI NG S - F ill tank and check for le~ I uel system_
I II OYES I 1# I and oil level. ~5 IGNITION TI MING - Check at proper rpm (car . only)
M CLUTCH CABLE - Check proper rouling and adJustmenl. ID LE - Check idle s piled sell ing, .~
~J' . 0 OiL LEVELS - Check propilr level - oil lank and Iransm isslon. ~ CHARGING SYSTEM - Check outpul.
o NO
TYPE OF SALE 0 SEAT - Check m ou n Is, hand sl rap, seat la lch adju sl m ent, , :..J 01 L PRE SS U RE - Check 0 ii feed an d 'etu rn \I tank,
0" 0 slssybar mou nt :, ::J EFI VEHICLES - Check:
o Relail (Direct to Ultimate Consumer) o Other S HOC K ABSORBE R - Check mo u nti ng lorq ue and ad,u st .. fuel pressure . hot and cold idJe sp8€ds
NOTICE: It is the responsjbility 01 the delivering dealer to complete and return Sales and Warranty 0'/0 fa r ri de r weignt. ,e(o .. dear any tro ub Ie codes
SAD D L E BAG S. TO U R- P AK - Check mo u nti ng s, locks, ROA D TEST - Check;
Registration form to Harley-Davidson, Inc., Milwaukee, WI 53201 or local distributor, within ten (lO) days cover st rill;e plate adju stm ent, t ighl nes s. of fasteners and .. en gi n e ope rat ion . bra kes opera lion
of delivery date to comply with the provisions of the National Traffic and Motor Vehicle Safety Act. Public D/O wire routing. .. t ran sm issi on opera! ion . m 010 rcye Ie han dl ing
Law 89.563, and to qualily the vehicle for warranty. REAR BRAKE DISC ROTO R - Check torqu e. . C ]IJ lch ope rat ion .. CB/radio OfJera',io-n
A Han'ey-Da vidson embossed o'l-VTler's ide n i /fica tion card will be se-n t to the O'WTJer when warranty re-gist ra tion fonns is returned to 1)5. r;r0 REAR BRAKE C AU P ERS - Free on pi n s, mo unting bolt ~rO . c ru ise contra I operat ion
CLEANiNG CYCLE - Check for fluid leaks and polish.
CALIFORNIA DEALER ONL Y: The emissions warranty statement has been provided and explained. :1' ::J torq ue. '0 OWNER'S MANUAL - Explain contents to customer
DEALER: I certify that I am the delivering dealer and that this vehicle has been prepared for deilvery REAR B RAKE UN E S - Ch eck ro uti ng and for leaks ~ along with safety and riding t;ps handbook.
according to all applicable Pre-Delivery and Set-Up instructions; the warranty has been explained to pur- t5 ine luding switch fini ng. DELIVERY - bpi ain operalio n and break -i n procedu re s.
chaser; the Owners Manual has been delivered to the purchaser; and that the information on this form is REAR BELT - Check adiu stme nt and al ignme nf. 0 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 VEHIC LE A LfGN M EN T - rea r wheel; horizontal, vertical. z(.: ..cHROME IN SATISFACTORY CONDITION,
If adjustment is required. fonow proc-edurB in service . ~ EVAPORATIVE CONTROL SYSTEM (CALlF_ ONL'tj -
intention for Retail Sale in the country 01 ' , and make no repre- manual.
sentation th~,it meets specifications in any other country. I acknowledge that any misrepresentation on this Check hose routing an d co n n ections, fuel tank vent in 9
lor~~ill befrsidered a material 71c~:01 m:.,~,~ler contract and may cons~tute gr~Unds_fo~termination. to canisfer.
CERTIFICATION: IF THE SET.UP AND INSPECTION OF TKIS VEHICLE WAS COMPLETED AT
. ". . i----.' 82,. ,'.'- '::--J-.~e-<:' ~-/\ -'---":'::':'~ /.--/ - '1, ANOTHER OEALERSHIP PRIOR TO TRANSFER OF VEHlCLE:
b-sl ivenn 9 Dealer Signature Date (Mon1h ... Day'" Y ean Delivering Deal.er's Ser~i<fe Technician: I ceIjifY Ihat I have Deiivering Deaier's Service Technician: I certify thai ~
CALIFORNIA PURCHASER ONL Y: The emissions warranty statement has been received and explained, com p let~tne se! -u p an 'I in~ection of ,;f1 i ~?€;Kic Ie. inspected tne vehicie and that it has been prepared for delivery accordmg
i ,( /', '6- 10 all applicable Pre-Deiivery and Set-Up inslructions.
. PURCHASER: This motorcycle has been delivered to me and is in acceptable condition. I acknowledge
that this vehicle is intended to QD!y meet the specifications 01 the country stated above. I have received .'. -.,:j; ~..(: ( /:/ : /-~'.>~ -- / 1_/ _ f .~
an Owner's Ma(lual and:the warranty has been explained to me. . ,
...;-_t-'-;-~'~:7-~~ --~~ '.,,- , D-elivering Dealer's Seriice Techn;cian Signature Dale (Mon~'IVOay.'Yea.r} Delivering Dealer's Service Technic1an Signature Date (MonthIDay/Year}
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Delive")' Acc-epted by Purchas-er SrgOla1 u re Date (Mon~h ... Day'" Year} 501-F Rev, 7-96 Copy Distribution: Wh ite orig i nal - Hatiey-DEJ vidson, Inc. Y~low - ClJStomer pjn:k - Dealer
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