Guam § 58103 - Definitions.

§ 58103. Definitions.

For purposes of this Chapter and unless otherwise specified, the

following words and phrases are defined to mean:

(a) ‘Act’ means Chapter 58 of Title 5 of the Guam Code

Annotated, known as ‘The Education Facilities Construction

Initiative Act of 2001.’

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CONSTRUCTION INITIATIVE ACT OF 2001

(b) ‘Contractor’ shall mean the authorized entity which shall

be the signatory on the Contract and shall be fully responsible for

carrying out the design, construction, financing and maintenance of

the Education Facility. The Contractor may cooperate with another

entity or entities in any manner the Contractor deems appropriate to

provide for the financing, design, construction and maintenance of

the public school facilities envisioned by this Chapter.

(c) ‘Contract’ shall mean the design, construction, financing

and maintenance contract entered into by and between the

Education Agency and the Contractor, following negotiations on the

response to the Request for Proposal.

(d) ‘Education Agency’ shall mean the Department of

Education, the University of Guam or the Guam Community

College.

(e) ‘Education Facility’ shall mean any structure or structures,

together with all ancillary facilities, including parking facilities,

utilities, infrastructure and equipment associated with providing the

educational or related services required by an Education Agency.

‘Education Facility’ may include an existing facility being

converted or rehabilitated by the Contractor.

(f) ‘Lease’ shall mean a ground or site lease of the property

from an Education Agency, the Chamorro Land Trust Commission,

or other government land, as applicable, to the Contractor.

(g) ‘Lease-Back’ shall mean the facilities lease or other lease of

the property from the Contractor back to the Education Agency,

over the term of which the costs of the design, construction,

financing and maintenance of an Education Facility are amortized

according to the terms agreed to between the government of Guam

and the Contractor.

(h) ‘Property’ shall mean any property on which an Education

Facility is located.”