Title 5 — Government Operations
73 chapters · 2,143 sections in this title.
5 GCA § 58D101 Title
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This Act shall be known and shall be cited as the “Ma Kåhat Act of 2013.”
5 GCA § 58D102 Definitions
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For purposes of this Chapter and unless otherwise specified, the following words and phrases are defined to mean: (a) Act shall mean Chapter 58D of Title 5, Guam Code Annotated, known as the “Ma Kåhat Act of 2013.” (b) Contract shall mean the agreement entered into by and between…
5 GCA § 58D103 Authorization to Enter Into Long-Term Leases
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(a) The GDOE is authorized to lease the school property to the Contractor for the purpose of facilitating the financing, construction, FF&E services, and maintenance of the new Simon Sanchez High School. (b) The GDOE is also authorized to lease back from the Contractor the new Si…
5 GCA § 58D104 Procurement
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(a) Within ninety (90) days of the enactment of this Act, the GDOE, through the Department of Public Works (DPW), shall issue a solicitation in compliance with the Guam Procurement Law, for the following services with regard to the new Simon Sanchez High School: (1) financing; (2…
5 GCA § 58D105 Responsibilities of Contractor
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The Contractor shall be responsible for all costs, expenses, and fees of any kind or nature, associated with civil improvements, on-site and off-site infrastructure, construction, demolition of the existing facility, permits, FF&E services, and financing associated with the compl…
5 GCA § 58D106 Contractual Safeguards
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The contract for the new Simon Sanchez High School shall provide for the construction of and FF&E services for the new Simon Sanchez High School in accordance with the Guam Building Code under Chapter 67 of Title 21, Guam Code Annotated, and any other applicable requirements. The…
5 GCA § 58D107 Assignments
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To facilitate the purposes of this Act and to provide security for the holders of any financing instruments issued pursuant to this Act, the Contractor may assign, with the consent of GDOE, the contract, the lease, and the leaseback to any underwriter, trustee, or other party as …
5 GCA § 58D108 Financing
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To minimize the cost to the government of Guam, financing utilized by the Contractor to fund the pre-development, construction of and FF&E services for the new Simon Sanchez High School shall be through tax-exempt obligations, or other financial instruments; provided, that such f…
5 GCA § 58D109 Leaseback Payments Under the Lease Payable
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COL 2026-04-23 from Lawfully Available Monies. (a) Payments under the lease and the leaseback may be secured by a pledge or other reservation of revenues payable from any lawfully available monies of the government of Guam, and may be secured by a pledge or other reservation of s…
5 GCA § 58D110 Utilities and Routine Maintenance and Repair
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The contractor shall be responsible for the connection of all utilities, including without limitation, power, water, sewer, telephone and cable, and all routine interior and exterior maintenance and repair, and exterior groundskeeping and landscaping, and upkeep of the new Simon …
5 GCA § 58D111 Maintenance Fund
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The contract and the leaseback shall provide that all maintenance of the new Simon Sanchez High School not described in § 58D110 be performed by the Contractor as a separate cost, the terms of which, and the manner for establishing the amount of payment, shall be determined as a …
5 GCA § 58D112 Severability
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If any provision of this Act or its application to any person or circumstance is found to be invalid or inorganic, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end …