Definitions

For purposes of this Chapter and unless otherwise specified, the following words and phrases are defined to mean:

(a)“Act” means Chapter 58A of Title of the Guam Code Annotated, known as the “Ma Kåhat Act of 2008.” COL5/19/2021 CH. 58A - Ma Kåhat Act of 2008

(b)“Contract” shall mean the design, construction and financing contract entered into by and between the Education Agency and the Contractor following negotiations on the response to the Request for Proposal.

(c)“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 or maintenance of the public school facilities envisioned by this Act.

(d)“Education Agency” shall mean the Department of Education.

(e)“Education Facility” as used in this Act shall mean a replacement high school to be located on the existing site of John F. Kennedy High School in Tumon.

(f)“Lease” shall mean a lease from an Education Agency to the Contractor entered into at the time of the Contract for the Property.

(g)“Lease-Back” shall mean the lease from the Contractor to the Education Agency.

(h)“Lease-Back Period” shall mean the term of the lease from the Contractor to the Education Agency.

(i)“Property” shall mean any property on which an Education Facility is located.