Guam § 59105 - Responsibilities of Contractor.

§ 59105. Responsibilities of Contractor.

The Contract shall require that the Contractor be responsible for all

costs, expenses and fees of any kind or nature, associated with the

design, civil improvements, infrastructure, construction, permits and

financing associated with the completion of a Public Safety Facility.

The Contractor shall also be responsible for the capital maintenance

and upkeep of public safety facilities during the Lease-Back term. The

costs of the design, construction and financing for a Public Safety

Facility shall be paid in periodic installments over the term of the Lease-

Back period, which shall be mutually determined by the Public Safety

agency and the Contractor, but which shall not exceed thirty (30) years.

The Lease and Lease-Back may provide that if sufficient funds are not

appropriated or otherwise available for the payment of such installments,

the Public Safety Agency will have the obligation to vacate the Public

Safety Facility, and the Contractor shall have the right of use and

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occupancy of the Public Safety Facility for the remainder of the term of

the Lease unless new mutual satisfactory terms are entered into. For this

purpose, the Lease may provide that its term shall be extended for a

period not to exceed the shorter of ten (10) years beyond the original

term of the Lease-Back or such period of time as is necessary to repay in

full any financing arranged pursuant to § 59107.

The capital maintenance, repair and upkeep costs shall be paid on a

periodic basis as incurred by the Contractor on terms to be agreed to in

the Contract for each Public Safety Facility.