Agreement to Lengthen the Tolling Agreement Period in the Consent Decree (10/30/2020 to 12/31/2020)
AGREEMENT TO LENGTHEN THE TOLLING PERIOD IN THE CONSENT DECREE
This Agreement to Lengthen the Tolling Period in the Consent Decree ("Agreement") is
by and among the United States of America, on behalf of itself, the United States Department of
Defense and the Secretary of Defense in his official capacity, (collectively, the "Government"),
and the City of Salina, Kansas, Unified School District No. 305, Saline County, Kansas, the Salina
Airport Authority, and Kansas State University (collectively, the "Salina Public Entities" or
"Salina") (collectively, the Government and Salina are the "Parties").
WHEREAS, on May 2, 2013, the United States District Court for the District of Kansas
("Court") entered the Consent Decree in City of Salina, Kansas, et al. v. United States of America,
et al., Case No. 10-CV-2298 CM/DJW;
WHEREAS, Paragraph 26(c) of the Consent Decree provides that the Parties may lengthen
the Tolling Period by written agreement without approval of the Court; and
WHEREAS, the Parties previously agreed to lengthen the Tolling Period in accordance
with this Paragraph 26(c), and did previously amend Paragraph 26(a) of the Consent Decree from
2020including,
April 30
WHEREAS, the Parties subsequently agreed to lengthen the Tolling Period in accordance
onsent Decree.
WHEREAS, in accordance with this Paragraph 26(c), the Parties desire to enter into this
Agreement for the sole purpose to lengthen the Tolling Period in the Consent Decree from October
30, 2020, to December 31, 2020.
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter set forth, the Parties hereto agree as follows:
1. Lengthening of Tolling Period Pursuant to Paragraph 26(c) of the Consent Decree.
Pursuant to and in accordance with Paragraph 26(c) of the Consent Decree, the Parties hereby
lengthen the Tolling Period, as defined in Paragraph 26(a) of the Consent Decree, from "up to, and
including, October 30, 2020" to "up to, and including, December 31, 2020," subject to the terms
and conditions of Paragraph 26 of the Consent Decree.
2. Status of Consent Decree. Except as expressly provided in this Agreement, all of the
terms and conditions of the Consent Decree remain in full force and effect and fully binding upon
and enforceable against the Parties.
3. No Admission of Liability. The Parties agree that this Agreement is the result of a
compromise of disputed issues and that the execution and delivery of this Agreement by any of
the Parties shall not constitute or be construed as an admission of any liability, a course of
performance, or wrongdoing on the part of any of them. By entering into this Agreement, the
Parties have not waived nor shall they have been deemed to have waived any right, obligation,
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privilege, defense, or position any of them may have asserted or might assert in connection with
any claim, matter, or person.
4. No Reliance. Each Party represents and warrants that in entering into this Agreement it is
relying on its own judgment, belief, and knowledge and, as applicable, on that of any attorney it
has retained to represent it in this matter. In entering into this Agreement, no Party is relying on
any representation or statement made by any other Party or any person representing such other
Party.
5. Construction. This Agreement has been drafted through a cooperative effort of all Parties,
and no Party shall be considered the drafter of this Agreement so as to give rise to any presumption
of convention regarding construction of this document. All terms of this Agreement were
negotiated at arms-length, and this Agreement was prepared and executed without fraud, duress,
undue influence or coercion of any kind exerted by any of the Parties upon the other. The execution
and delivery of this Agreement is the free and voluntary act of the Parties. This Agreement shall
not be construed in favor of or against any Party on the basis that the Party did or did not author
this Agreement.
6. Execution in Counterpart. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instrument. All signatures of the Parties to this Agreement may be transmitted by facsimile
or by electronic mail, and such transmission will, for all purposes, be deemed to be the original
signature of such Party whose signature it reproduces, and will be binding upon such Party.
7. Effectiveness. The Parties are authorized to take all actions necessary to effectuate the
terms and provisions of this Agreement without notice by any Party to any other Party or need to
seek approval of this Agreement from the Court. The terms of this Agreement shall include the
"WHEREAS" provisions. The terms and conditions of this Agreement shall be immediately
effective and enforceable on the date that the last Party signs this Agreement.
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