Attend "US 36 Freedom Rally!" at CDOT Headquarters in Denver

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Attend the "US 36 Freedom Rally!" at CDOT Headquarters

12 noon Weds February 19, 2014

***All attendees will receive a Colorado flag

CDOT Headquarters

4201 E. Arkansas Avenue Denver, CO 80222

More information at www.DriveSunShine.org (http://www.drivesunshine.org/)

For more information email : info@DriveSunShine.org

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What Else Can I do to stop the sale US 36 of US 36 to Goldman Sachs and an Australian toll road developer?

1. Contact your federal senators and congressmen to kill federal TIFFIA tax payer dollars to the US 36 privatization project.

2. Have your state lawmakers file emergency legislation to strip the signing authority from the HPTE.

Read Denver Post Feb 16 article - click here (http://www.denverpost.com/news/ci_25154171/seeds-dispute-over-u-s-36-management-deal)

**If you know one or more attorney's that could file a lawsuit against the HPTE that will kill the financial close and the deal! Can you help? Ken - info@DriveSunShine.org m: 720 436-2465

The 50 year contract will sign in 4 to 10 days! please help!

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Click here - Read full US 36 Contract excluding financial information released on Friday Feb 14, 2014 (http://www.coloradodot.info/programs/high-performance-transportation-enterprise-hpte/reports/concession-agreement)

Failure to achieve the Commencement Date by the Financial Close Deadline Date:

(c) If the Commencement Date fails to occur by the Financial Close Deadline Date either party may terminate this Contract by written notice to the other and upon such a termination HPTE may draw the full amount available pursuant to the Financial Close Security unless such failure is attributable to any of the following:

(i) If the Concessionaire provided for the issuance of PABs as part of its Financial Plan:

(1) the refusal or unreasonable delay of HPTE to issue the PABs in the amount the Concessionaire’s underwriters are prepared to underwrite (provided that the time schedule for the issuance of the PABs provided normal and customary time periods for HPTE to issue the bonds as a conduit issuer) unless such refusal or delay was caused by a failure of the Concessionaire to use reasonable endeavors to achieve the objective of issuing the PABs;

(2) the refusal of HPTE to issue the PABs or of HPTE’s counsel to authorize the closing of the PABs where the bond counsel is ready to give an unqualified opinion regarding the validity of the issuance of the PABs and the tax exempt status of interest paid on the PABs unless the basis for such refusal is that it would be unreasonable for

FEBRUARY 14, 2014 Page 12 of Contract

bond counsel to deliver the opinion due to terms and conditions applicable to the issuance of the PABs which have been decided upon by Concessionaire; or

(3) the withdrawal, rescission or revocation of the authority granted to HPTE to issue the PABs;

(ii) There shall have occurred any outbreak of hostilities or other national or international calamity or crisis or the escalation of any thereof, the effect of such outbreak, escalation, calamity or crisis on the financial markets of the United States being such to make it impracticable for the PABs to be sold or such as to affect the availability of other financing instruments included in the Concessionaire’s Financial Plan;

(iii) The failure of the TIFIA Joint Program Office to execute an agreement providing for the amendment and restatement of the Phase 1 TIFIA Loan on the basis set out in the Financial Plan which was part of the Proposal Financial Model unless the cause of such failure was caused by the Concessionaire not using reasonable endeavors to bring about that execution;

(iv) If a Phase 2 TIFIA Loan is part of the Concessionaire’s Financial Plan, the failure of the TIFIA Joint Program Office to close the TIFIA Phase 2 Loan prior to the Financial Close Deadline Date in the amount envisaged in the Proposal Financial Model unless the cause of such failure was caused by the Concessionaire not using reasonable endeavors to bring about that closing; provided that it will not be deemed a failure by the TIFIA Joint Program Office to reach Financial Close if there has been a failure by the Concessionaire to satisfy any conditions precedent for the Phase 2 TIFIA Loan;

(v) Litigation challenging any Necessary Consent under the National Environmental Protection Act has been filed within the time limit for filing such litigation and remains pending on the Financial Close Deadline Date;

(vi) A breach by HPTE of any of its obligations under this Agreement;

(vii) The failure of HPTE to enter into the Direct Agreement with the Security Trustee;

(viii) An HPTE Default;

(ix) The issuance of a temporary restraining order or other form of injunction by a court with jurisdiction that prohibits prosecution of any portion of the any portion of the Phase 2 Work or the delivery of Services in relation to the I-25 Managed Lanes that remains in force on the Financial Close Deadline Date;

(x) Litigation or any proceeding brought against HPTE which effectively precludes the ability to achieve Financial Close by the Financial Close Deadline Date or the Commencement Date; and

FEBRUARY 14, 2014 - Page 13

(xi) The credit rating given to the State in relation to its general obligations debt is downgraded to A- or lower by Standard and Poor’s or A3 or lower by Moodys.

(d) If the Commencement Date occurs on or before the Financial Close Deadline Date, or if Financial Close does not occur by the Financial Close Deadline Date and such failure is attributable to one of the matters in Section 2.6(c)(i) – (xi) then HPTE shall return the Financial Close Security to the Concessionaire within two Business Days.

(e) If Financial Close does not occur by the Financial Close Deadline Date and such failure is attributable to one of the matters in Section 2.6(c)(i) – (xi) then HPTE shall pay the Stipend to the Concessionaire within 60 Business Days.

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