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.’ COL292017 CH. 58 THE EDUCATION FACILITIES 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.”