US 36 Privatization 50-Year Contract to be Signed

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Attend the “US 36 Freedom Rally!” at CDOT Headquarters – help stop the signing of the 50-year US 36 privatization contract

12 noon Weds February 19, 2014

***All attendees will receive a Colorado flag  

CDOT Headquarters

4201 E. Arkansas Avenue Denver, CO 80222

Note: While powerful, this rally will be peaceful and non-violent 

**Click here to share on on Facebook

****Please RSVP your attendance to make sure we have a Colorado flag for you - click here to RSVP

Come Tell CDOT and Elected Officials what you think of US 36 privatization!

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HPTE image_miniColorado Senate and House MUST STRIP the ability of the state privatization board, the HPTE, to sign the 50-year US 36 privatization contract without the consent of elected officials

Sign the Change.org petition!
URGENT – Click here to sign the Change.org petition – Stop the rapid fire privatiztion of Colorado US 36, I-70, C-470 and I-25

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Please copy and paste to email the Colorado state Senators and House Representatives below.  Ask the Senators to strip the privatization board, HPTE of its ability to sign the 50-year US 36 privatization contract.  Our elected officials must be able to read the contract, talk to their constituents and decide if this is a good deal for Colorado

Colorado Senators and Representatives that support a 60 day public review of the US 36 50-year contract (Colorado is incredibly grateful for these lawmakers):
senatormattjones@gmail.com; morgan.carroll.senate@state.co.us;  rollie.heath.senate@state.co.us;
lotochtrop@aol.com; jessie.ulibarri.senate@state.co.us; 

kcbecker.house@state.co.us; mike.foote.house@state.co.us; dl.hullinghorst.house@state.co.us; dominick.moreno.house@state.co.us;
cherylinpeniston@gmail.com; reptracy29@gmail.com; joseph.salazar.house@state.co.us; dianne.primavera.house@state.co.us; jonathan.singer.house@state.co.us; 

Colorado Senators that are allowing the US 36 privatization contract to be signed as quickly as possible by CDOT (please email or call these lawmakers ASAP):
david.balmer.senate@state.co.us; randy.baumgardner.senate@state.co.us; greg@gregbrophy.net; bill.cadman.senate@state.co.us; larry.crowder.senate@state.co.us; kevin.grantham.senate@state.co.us; lucia.guzman.senate@state.co.us; ted.harvey.senate@state.co.us; bernie.herpin.senate@state.co.us; owen.hill.senate@state.co.us; mary.hodge.senate@state.co.us; cheri.jahn.senate@state.co.us; john.kefalas.senate@state.co.us; andy.kerr.senate@state.co.us; steve.king.senate@state.co.us; senatorlambert@comcast.net;
kevin@kevinlundberg.com; linda.newell.senate@gmail.com; jeanne.nicholson.senate@state.co.us; senatorrenfroe@gmail.com;
ellen.roberts.senate@state.co.us; gail.schwartz.senate@gmail.com; nancy.todd.senate@state.co.us; SenatorRachelZ@gmail.com;
mike.johnston.senate@state.co.us;

Colorado House – State Representatives  that are allowing the US 36 privatization contract to be signed as quickly as possible by CDOT (please email or call these lawmakers ASAP):
perrybuck49@gmail.com; kathleen.conti.house@state.co.us; don.coram.house@state.co.us; lois.court.house@state.co.us;
tim.dore.house@state.co.us; crisanta.duran.house@state.co.us; justin.everett.house@state.co.us; thomas.exum.house@state.co.us;
mferrandino@yahoo.com; rhonda.fields.house@state.co.us; randyfischer@frii.com;  bob.gardner.house@state.co.us; leroy.garcia.house@state.co.us;
joann.ginal.house@state.co.us; cheri.gerou@gmail.com; rephamner@gmail.com; chris.holbert.house@state.co.us; rephumphrey48@yahoo.com;
janak@electjanakjoshi.com; repkagan@gmail.com; jeanne.labuda.house@state.co.us; lois.landgraf.house@state.co.us; polly.lawrence.house@state.co.us;
steve.lebsock.house@state.co.us; pete.lee.house@state.co.us; jenise.may.house@state.co.us; mike.mclachlan.house@state.co.us;
jenise.may.house@state.co.us; mike.mclachlan.house@state.co.us; jovan.melton.house@state.co.us; diane.mitschbush.house@state.co.us;
murrayhouse45@gmail.com; clarice.navarro.house@state.co.us; dan.nordberg.house@state.co.us; dan.pabon.house@state.co.us;
brittany.pettersen.house@state.co.us; kpriola@gmail.com; bob.rankin.house@state.co.us; paul.rosenthal.house@state.co.us;
su.ryden.house@state.co.us; lori.saine.house@state.co.us; sue.schafer.house@state.co.us; ray.scott.house@state.co.us;
jerry@repsonnenberg.com; amy.stephens.house@state.co.us; spencer.swalm.house@state.co.us; max@maxtyler.us;
edvigil1@gmail.com; mark.waller.house@state.co.us; angela.williams.house@state.co.us; james.wilson.house@state.co.us;
jared.wright.house@state.co.us; dave@repdaveyoung.com;

Please email info@DriveSunShine.org if you are a lawmaker that supports a 60 day hold on the US 36 privatization contract and we will update the above list.  Thank you for your service.

Email Governor Hickenlooper.  Governor Hickenlooper has appointed 4 of the 7 HPTE privatization board commissioners.  

Click here to write Governor Hickenlooper to ask him to have his 4 HPTE commissioners recommend a 60 day hold on signing the US 36 privatization contract.

Phone calls to lawmakers are also very effective:
Click for Directory of Colorado House Representatives
Click for Directory of Colorado Senators

CDOT makes the false claim that privatization is the only source of money for upgrading Colorado Highways.  Privatization is like a high interest credit card loan.  The state of Colorado gets quick upfront cash, then has to pay high interest and profits to foreign toll road firms and Wall Street bankers for the next 50 years.  Public Finance options for US 36 include:

  1. Use the more than $70 million in new marijuana tax revenue to finance education and Colorado public highways
  2. Add a 2% flat tax on all income, including capital gains over $500,000 in Colorado.  Wall Street Bankers want all people in Colorado to pay road tolls.
    Instead, let’s have the Wall Street Bankers pay a little more tax to support Colorado public highways.
  3. Let’s do a small increase on the fuel tax to fund public highways.  This will also encourage people driving gas guzzling vehicles like Hummers to move to more fuel efficient or electric vehicles like VIA Motors pickup trucks and cargo vans.
  4. Let’s do a small increase on the oil and natural gas production tax in Colorado.  The vast profits of the oil and gas sector can help fund Colorado public highways.

Together- the 4 pain-free measures above will keep Colorado public highways free of tolls.  Colorado is a rich state and we do not have to sell our public highways to Wall Street Bankers and foreign toll road shareholders. 

Fight back!  Donate $5, $10 or $1,000 to fund the lawsuit working to halt the privatization of US 36.

Can you help fight?    Click here - donate $5, $10, $1000 or an amount that feels good to you

 

Make a safe and secure donation to the Drive SunShine Institute, non-profit organization based in Boulder, Colorado via PayPal – click donate link above

Thank you for your donation and support of clean energy and democracy.

You see – we are fighting corporate lobbyists from toll road companies like Macquarie with global assets of $331 billion.

Your gift will help even the fight.

 

(Download this Media Release as PDF)    **Click here to share on Facebook

Click to sign the Change.org petition to halt the privatization of US 36 and the $1 billion dollar sale of I-70.
Most importantly email or contact state lawmakers.  Contact info below.

Key points from US 36 privatization contract summary and CDOT process:
(Click Here to for full CDOT HPTE contract summary document - search on terms revenue, compensation event)

  • Elected Colorado Senators and Representatives are:

    1) not allowed to read the 500 page US 36 50 year contract prior to signing.
    2) are not allowed to amend or vote on the US 36 contact, nor the I-70 downtown/mountains, C-470 nor I-25 to Ft Collins privatization contracts.

    The state privatization board, the HPTE will sign the 50 year legally binding contract that financially obligates the state of Colorado to let Plenary and Goldman Sachs operate US 36 and collect revenue from the US 36 toll lane for the next 50 years.
    (Note:  This contract is legally binding.  Once signed, the state of Colorado cannot change it without paying 50 years of toll revenue compensation to the toll road developer.)
  • Nine Colorado public highways being sold to foreign toll road firms over the next 12 months starting with US 36.
    I-70 in downtown Denver/mountains, C-470 and I-25 from Denver to Ft. Collins are all being privatized and one or more toll lanes added. Click to view Colorado privatization map.
  • Round trip from Denver to Boulder will debut at $9 to $12 during peak rush hour when toll lane opens over the next year with the ability to rise to $28 per rush hour round trip.
    Toll cost is indexed to inflation and will rise much higher over the next half century.
    “11.8 The Maximum Toll for the Managed Lanes for Tolled Vehicles from and after the first year after the Full Services Commencement Date will be $13.91 (Indexed). Initially, the transponder tolls will range between $.60 and $4.45, depending on the time of day.”  Source: CDOT HPTE contract summary document, page 25
  • The amount of profit Goldman Sachs and Plenary will make from US 36 is a CDOT secret that is being kept from the Colorado taxpayers and elected officials.
    In contrast to false statements by CDOT, the vast majority of US 36 is being funded by state and federal tax payer dollars.

  • The sale price of the 50 year US 36 privatization lease is secret.  Most of the $552 million for US 36 current construction is public taxpayer dollars.****Goldman Sachs is literally getting a steal on 50 years of profits from US 36 for an estimated $10 to $40 million dollars.
  • The expensive toll lane addition will mean highly congested free lanes.
    It will become illegal for the state of Colorado to add additional free lanes to US 36 without compensating the toll operator for 50 years of decreased toll revenue.
  • CDOT is lying to the public and elected officials. CDOT spokesperson Amy Ford, claimed Jan 23 in the Denver Post and at the Jan 31 DSI town hall meeting that the 50 year legally binding US 36 contract can be amended at anytime.
    This is a CDOT lie.  Legally binding contracts can not be amended at will.

    If the US 36 contract is changed or the toll lane removed, Colorado will be legally obligated to pay Goldman Sachs and Australian shareholders 50 years of toll revenue- a cost to taxpayers of hundreds of millions or billions of dollars.

If an emergency closes Highway 36 for more than 12 hours in a year, taxpayers will be required to compensate the toll road operator until the highway is reopened. In the southern US, toll roads force the state governments to pay tolls during hurricane evacuations.

11.14 Emergency Procedures

(a) If Toll collection on the Managed Lanes or a portion of the Managed Lanes is temporarily suspended pursuant to applicable Law, HPTE will have no liability to the
Concessionaire for the loss of Toll Revenues or the increase in costs or expenses attributable to suspensions of up to an aggregate of twelve hours in each year.However, any loss in Toll Revenue or increases in costs or expenses attributable to suspensions over an aggregate of twelve hours in each year will be treated as a 
Compensation Event.

(***note: this means the state of Colorado will be required to compensate the toll road developer for US 36 closures of more than 12 hours in year)

(iii) In the case of any closure or suspension of more than three hours but less than three days to which the provisions described in the preceding sentence do not apply, HPTE is required to pay the Concessionaire the average Toll Revenues actually collected during the same time of day on the same days of the week during the period of two weeks prior to the closure or suspension and two weeks after the closure or suspension.(iv) In the case of a closure or suspension of more than three days but less than 15 days, HPTE will pay the Concessionaire the average Toll Revenues actually collected during the same time of day on the same days of the week during the period of three months prior to the closure or suspension and three months after the closure or suspension;(v) In the case of a closure or suspension of more than 15 days, HPTE will pay to the Concessionaire an amount which will place the Concessionaire in a position which is no better and no worse than it would have been if the closure or suspension had not occurred

(Source: page 28 of CDOT/HPTE contract summary)

  • Wages of CDOT snow plow drivers and highway workers will be slashed by as much as half, with benefits and pensions likely eliminated to increase Goldman Sachs and shareholder profits.
  • Like a scene from the Hunger Games, the private toll road operator and the state privatization board can order CDOT to take action against Colorado citizens protesting tolls.  (Source: page 2 of CDOT/HPTE contract summary)
  • It will be illegal for surrounding communities to upgrade roads or transit systems around US 36 in any way that reduces tolls for Goldman Sachs and the Australian toll road developer, Plenary Group unless Colorado pays 50 years of toll compensation.  (see Compensation Events section of CDOT/HPTE contract summary re: Unplanned Facilities that affect toll revenue)
  • To boost toll revenues, HOV cars with a driver plus passenger will soon have to pay tolls to use the US 36 or I-25 express lanes.

    11.7 The following categories of Motor Vehicles are “Non-Tolled Vehicles” and are exempt from

    all Tolls in the Managed Lanes:
    (a) Prior to the HOV Change Event, HOV 2+ Vehicles
    (b) On and after the HOV Change Event, HOV 3+ Vehicles;   (Source: page 25 of CDOT/HPTE contract summary)
  • Senator Matt Jones and 14 Colorado elected lawmakers including Senate President Morgan Carroll have signed a letter requesting a 60 day hold on the US 36 privatization contract.  CDOT has rejected the Senators’ request and is racing to sign the 50 year contract before public outrage can stop the deal.

We MUST stop the US 36 privatization. Colorado has 1 to 7 days or less to take action.

URGENT – Click here to sign the Change.org petition – Stop the rapid fire privatiztion of Colorado US 36, I-70, C-470 and I-25

US 36 Frequently Asked Questions (FAQ)

Q: What are the most common CDOT false statements about the US 36 project?

A: CDOT is making many false statements to the public and elected officials.  CDOT’s goal is to get the US 36 contract signed and end the exploding controversy as quickly as possible.
More than 37,000 people visited this website yesterday seeking the truth.

Below are the top 4 CDOT statements that are not accurate.

CDOT Lie #1)

There is no other possible, potential or feasible source of funding to upgrade US 36.  The only choice Colorado has is to upgrade US 36 with this P3 deal with these contract terms.
And by the way, we at CDOT refuse to tell you how much, if any money, Australia’s Plenary Group is investing in US 36 to claim 50 years of profits.

Truth:  The above is one lie + a withholding of information.  Below are 4 sources of revenue that could jointly be used to finance US 36.

  1. Use the more than $70 million in new marijuana tax revenue to finance education and Colorado public highways
  2. Add a 2% flat tax on all income, including capital gains over $500,000 in Colorado.  Wall Street Bankers want all people in Colorado to pay road tolls.
    Instead, let’s have the Wall Street Bankers pay a little more tax to support Colorado public highways.
  3. Let’s do a small increase on the fuel tax to fund public highways.  This will also encourage people driving gas guzzling vehicles like Hummers to move to more fuel efficient or electric vehicles like VIA Motors pickup trucks and cargo vans that can be powered by wind and solar.
  4. Let’s do a small increase on the oil and natural gas production tax in Colorado.  The vast profits of the oil and gas sector can help fund Colorado public highways.

Together- the 4 pain-free measures above will generate enough revenue to keep US 36 and all Colorado public highways free of tolls.  Colorado is a rich state and we do not have to sell our public highways to Wall Street Bankers and foreign toll road shareholders.

Observation A) CDOT is refusing to say how much Plenary is investing in US 36 in order to prevent this amount being replaced with public funding.
Observation B)  It seems that CDOT has no interest in profits from US 36 being kept by the Colorado taxpayer

CDOT Lie #2)

Private sector money means US 36 is being completed 20 years faster than it could be with public sector money.

Truth:  Once funding is available – the source of money for the project has no effect on speed of construction.

CDOT Lie #3)

The US 36 does not have a non-compete in it that will prevent Denver, Westminster, Superior or Boulder from upgrading roads or transit systems near US 36.

Truth:  In the US 36 contract the “non-compete” clause is titled “Compensation Events” and requires 50 years of compensation for the construction of any Unplanned facility that impacts Plenary toll revenues on US 36.
(Source: page 32 of CDOT/HPTE contract summary)

Michael Cheroutes, Director of HPTE

An expert on non-compete contract clauses that benefit private toll road operators, Michael Cheroutes, now Director of the HPTE, was one of the financial masterminds of the E-470 toll road.

The E-470 toll road has non-compete clauses including agreements with the Cities of Aurora, Brighton, and Thornton, the Town of Parker, and Adams and Douglas Counties that provide, for at least fifteen years, these entities will not construct or improve any road (with certain pre-approved exceptions) that would reduce tolls collected on E-470.

In 2002, an E-470 non-compete clause with Commerce City lowered the speed limit on nearby Tower Road from 55 MPH to 40 MPH, and had stop lights installed on Tower Road at 96th, 104th, and 112th Avenues to force paid toll traffic onto E-470, a privately operated toll road.  Cheroutes’ E-470 toll road has had a large impact in creating congestion on Denver public highways to force traffic onto the E-47 toll road.

HPTE Director Cheroutes is now paid $114,000 a year by the state of Colorado and $60,000 a year as a consultant for DIA.

Cheroutes was recently interviewed by the Reason Foundation on the success of privatizing Colorado state assets.
Read Michael Cheroutes Reason Foundation interview here

The Reason Foundation has received millions in funding from the Koch Brothers to hasten the privatization of public assets to increase private profits.
Read more about the Reason Foundation here

CDOT Lie #4

Once the contract is signed in February, the public and lawmakers can review it, CDOT spokeswoman Amy Ford said. The contract can be amended if needed.
Source Denver Post, January 23, 2014 – Click here to view article “Petition demands statehouse review of 50-year U.S. 36 management deal”

Let us state this clearly – Amy Ford is lying on behalf of CDOT and Plenary Group.

AmyFordChanging the US 36 contract in a way that lowers toll revenues for Plenary Group will require the State of Colorado to compensate the toll road operator for 50 years of lost revenue.

Democracy requires truthful public officials.  Because CDOT’s Amy Ford is lying to the public as evidenced above and below, the people of Colorado call upon Colorado lawmakers to immediately fire Amy Ford and suspend signing of the US 36 contract.

15. Compensation Events, Relief Events, Force Majeure and Qualifying Change in Law
(*contract amendment requires 50 years of toll compensation once contract is signed.  There is no breaking this half century contract.)

15.3  (xiii) An order issued by a Governmental Authority or judicial authority having
jurisdiction over the Project preventing the Concessionaire or HPTE from
performing its obligations or exercising its rights under this Contract;

(Source: page 34 of CDOT/HPTE contract summary)

What can YOU do?

The Colorado Senate and House MUST STRIP the ability of the state privatization board (HPTE) to sign this contract without the consent of elected officials.

An emergency legislative session in the next 3 days must remove HPTE signing authority.

Once the HPTE signs the 50 year contract, it becomes illegal for the state of Colorado to modify the contract or US 36 without paying 50 years of toll revenue.

The time for action is NOW! Elected lawmakers will only act if the public demands ACTION. Remember- the next election is this fall. There are viable public US 36 finance options.

Please, take 5 minutes to call or email your elected Colorado Senator and Representative.  REMEMBER – this is an ELECTION year!

No action means that you will pay tolls and lose control of YOUR public highways for the next 50 years. Please, take action for yourself and your children.

TONIGHT! ATTEND THE Colorado Department of Transportation (CDOT) and the High Performance Transportation Enterprise (HPTE) public meetings next week to discuss the public-private partnership on the US 36 Express Lanes project and answer questions about key contract elements for the 50-year agreement with Plenary Roads Denver.  (DSI Note-) This is an Election Year.

Television and print reporters will be in high attendance.

If you care about the future of Colorado public highways you must attend tonight and bring friends.  Or US 36 will be privatized for the next 50 years.

At this CDOT meeting you can let Governor Hickenlooper and your state elected representatives know what you think about privatization and new toll lanes on US 36, I-70, C-470 and C-470 Colorado public highways:

Thurs, Feb. 13, 2014 6:30 pm to 7:30 pm
550 S McCaslin, Louisville, Colorado (old Sam’s Club)  **Note: location change to allow more space

If possible please take a minute to RSVP by clicking here.  It is fine to come without an RSVP but a tally of numbers will be helpful.
If you RSVP we will also be able to stay in touch with you to plan strategy.

The Boulder based Drive SunShine Institute (DSI) is considering a 2014 ballot initiative to make it illegal to privatize state assets without getting approval from Colorado voters.  

If you support this ballot initiative please email us at: info@DriveSunShine.org

After you email your senators and representatives- please sign the petition to stop the privatization of US 36 from Denver to Boulder, Colorado

You can also write a letter to the editor of the Denver Post or your local paper.

Fight back!

The  Drive SunShine Institute (DSI), a non-profit organization in Boulder, Colorado
has been working day and night
to stop the privatization of Colorado public highways.  

Can you help fight?

Please donate $2 or an amount that feels good to you
(via Paypal)

Make a safe and secure donation to the Drive SunShine Institute, non-profit organization based in Boulder, Colorado.

Thank you for your donation and support of clean energy and democracy.

You see – we are fighting toll road companies like Macquarie with global assets of $331 billion.

Your $2 gift will help even the fight.

On February 11, 2014 we are expecting 30,000 or more people to visit this page.  If you donate $2 now, that will provide the  501(c)(3) non-profit Drive SunShine Institute of Boulder, Colorado $60,000 to fight Colorado highway privatization.
Please, rather than paying tolls of up to $28 to use the US 36 express lane per day, please give $2 now.

Thank you for your gift.  The Drive SunShine Institute (DSI) will use your contribution to help educate lawmakers on the dangers of highway privatization.

If having US 36 be a public highway is worth $2 to you - please click here to give now safely and securely via Paypal.

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ATTEND CDOT Privatization Town Halls this week.

MEDIA RELEASE 

CDOT AND HPTE TO HOST PUBLIC MEETINGS ON PUBLIC-PRIVATE PARTNERSHIP FOR US 36 EXPRESS TOLL LANES PROJECT 

Public meetings held in Westminster and Louisville this week 

BOULDER – The Colorado Department of Transportation (CDOT) and the High Performance Transportation Enterprise (HPTE) will host two public meetings next week to discuss the public-private partnership on the US 36 Express Lanes project and answer questions about key contract elements for the 50-year agreement with Plenary Roads Denver.  (DSI Note-) This is an Election Year. The public is encouraged to attend one of the following meetings and to let Governor Hickenlooper and your state elected representatives know what you think about privatization and new toll lanes on Colorado public highways:

Thursday, Feb. 13, 2014

6:30-7:30 p.m.
The Louisville Recreation Center, Crown Room
900 W. Appia, Louisville, CO  80027

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Livio Bognuda jr WHEAT RIDGE, CO about 1 hour ago
It is wrong to privatize public roads without public consent.

Ian Scheuermann BOULDER, CO about 4 hours ago
I drive on highway 36 to get to work. I do not want it to be a toll road.

Matthew Cooper SUPERIOR, CO about 4 hours ago
The roads are supported by taxes from the people. The road is the peoples not the states to sell. This is an outrage and I am appalled with my states representatives lack of action.

Ryan Sapp BOULDER, CO about 4 hours ago
I use US-36 over 200 miles per week. We cannot allow a private company to operate our public roads.

Matthew Hardy COVINGTON, TN about 5 hours ago
This is in direct conflict with what this country is founded on. Privatization of government run services creates a profit motive more than what already exists. The citizens of the U.S. demand that our voices be heard. WE DO NOT LIKE BEING LIED TO, BEING TAKEN ADVANTAGE OF, MONITORED, OR CONTROLLED.

YOU WORK FOR US SO KEEP THAT IN MIND

-30-

With your help, we can stop the privatization of Colorado public highways!

Please donate $2 or any amount that you would like to help win this fight 

(via safe secure PayPal donation)

We will fight for your voice to be heard!

Thank you for your donation and support of democracy.

It is David vs Goliath.

Your $2 gift will help even the fight.

**Click here to share on Facebook – Please share every 2 hours

Colorado Highways are being privatized at a breathtaking pace.

It is a masterful heist of public assets- the people of Colorado do not even know that this is happening.

Watch this video from Texas to find out why you should be alarmed.

More than 23,000 people viewed this web page on Feb 10 , 2014!  Please share it with your friends now. 

Click to sign the Change.org petition to halt the privatization of US 36 and the $1 billion dollar sale of I-70

Press Contact/Interviews:
Ken Beitel, clean energy analyst & Advisory Board Chair, Drive SunShine Institute (DSI)
ph: 720 436-2465 email:
Ken.Beitel@DriveSunShine.org
Websites:
www.Drivesunshine.org Website: Friends of Colorado – sign the Change.org petition

The attached letter signed by14 members of the Colorado General Assembly was sent to the stakeholders of the U.S. 36 reconstruction project on Jan 30th 2014. Signatories include Senators Jones, Heath, Tochtrop, Ulibarri, and Senate President Morgan Carroll, Representatives Foote, Hullinghorst, Becker, Peniston, Kraft-Tharp, Salazar, Primavera, Singer, Moreno. (click to view law maker’s letter)

CDOT — HPTE
SUMMARY OF CERTAIN PROVISIONS OF THE CONCESSION AGREEMENT
January 24, 2014

Click Here to for full CDOT HPTE contract summary document

Compensation Events: (page 32)

(a) Compensation Events mean:

  1. A breach by HPTE of any provision of the Concession Agreement; (ix) A Change in Law coming into effect after the Commencement Date which permits vehicles for which Tolls could be charged prior to the Change in Law to travel on the Managed Lanes without paying the full Tolls established in accordance with this Agreement (to avoid doubt, including increasing beyond 2,000 the number of permits for low emission vehicles to use the Managed Lanes without payment of Tolls);

(x) A Change in Law that results in the imposition of new or added federal, State or local taxes on Tolls and gross Toll receipts save to the extent that, at the time such Change in Law comes into effect the Concessionaire has achieved a specified level of internal rate of return;

(xi) The construction and operation of an Unplanned Revenue Impacting Facility;

(xiii) An order issued by a Governmental Authority or judicial authority having jurisdiction over the Project preventing the Concessionaire or HPTE from performing its obligations or exercising its rights under this Contract;

(xiv) Any delay in the timely issuance of a Necessary Consent that is caused by the imposition of a moratorium by or on the issuing Governmental Authority relating to the acceptance or processing of applications or the issuance of Necessary Consents generally; and

  1. Any other matter which the Concession Agreement refers to as or deems to be a Compensation Event, or which is to be treated as if it were a Compensation Event.

——— Suppression of US 36 Toll Protests (Page 2)

1.4 If the Concessionaire is able to demonstrate to HPTE’s reasonable satisfaction there are

protestors or trespassers that are having a material adverse effect on the conduct of the

Phase 2 Work, the delivery of the Services or the collection of Toll Revenues that Concessionaire is unable to mitigate, then HPTE will evaluate whether HPTE or CDOT can lawfully provide any assistance in relation to the removal of the protesters or trespassers that is not independently available to Concessionaire and, to the extent that such assistance can be lawfully provided, HPTE shall or shall cause CDOT to provide such assistance to the extent it is, in the discretion of HPTE, reasonable and appropriate in the circumstances to do so

URGENT – Click here to sign the Change.org petition – Stop the rapid fire privatiztion of Colorado US 36, I-70, C-470 and I-25