Chamorro Land Trust CommissionKuinision Inangokkon Tano’ Jhamoru)
P.O. Box 2950 Hagdtfla, Gndhan 96932 Phone: 639.5263 ext. 435 Fax: 649-5383
October 24, 2016Eddie Baza Celia
(h’t-einr/ c;w1,arz
TO: Honorable Eddie Baza CalvoRay Tenodo Governor of Guam
L,euie;,eair G,,re,nor nj Guahan
FR: Michael J.B. BorjaDirector
Commfrsth,, Itemhers
RE: CLTC Board meeting of October20, 2016Pascual I:A.sahlan
( hUt
Pursuant to Public Law 31-233, transmitted herewith is the Chamorro LandJosephL Urn: Trust Commission Board meeting packet of October 20, 2016.Vice chairman
Please do not hesitate to contact 649-5263 ext. 617 if you have anyAmanda LO. Santos questions.
Ccnnnuss,oner
Gyongyi’Pika’P.Fejeran
(Vacant) ç MICHAEL J. BORJDirector
Michael LB. BarfaAd,ninisrrc,tire 1)ire gnu
cc: Honorable Judith T. Won Pat, Ed.D.Speaker, 33 Guam Legislature
Rev. 4/4/2016
Chamorro Land Trust CommissionKuinision Inangokkon Tano’ (‘harnoru)
P.O. Box 2950 Hagâtna, OuàI,an 96932 Phone: 639-5263 cxl. 435 Fax: 649-5383
REGULAR BOARD MEETINGAGENDA
Eddie Baza CukoGnrcs.ic;rrifGit1hui
Department of Land Management Conference Room3rd Floor, ITC Building, Tamuning
Thursday, October 20, 2015; 1:00PM
Public Notice: The Suam Daily Post on Saturday, October 15, 2016 and Wednesday, October 19, 2016
Coin ,ni.csion Members I. CALL TO ORDER
l’ascual V.A .Sablan( ?c,,rnuin
Josephi Cii,: III. APPROVAL OF MINUTES: August 18, 2016 MeetingVice-Chainnw,
IV. PUBLIC COMMENTSA,t,anda LG,Sanlos
Conunivsio,wr
V. OLD BUSINESSGyongyi”Pika”P. Fejeran 1. Status of previous agenda’s action items
Commissioner
VI. NEW BUSINESS(Icamst) . .
(‘e,mmischlner 1. Jerry David Sanchez — request for additional acreage for farming purposes, subjectto legislative approval
Mkhaef JR. Rorja 2. Guam Economic Development Authority — Renewal of MOU between GEDA andAdnitmi is? rube Di ret for
CLTC for General Consultancy and Property Management Services3. PBS Guam KGTF — Facility and Tower Space User Agreement4. Simplica Garrido — Request to appropriate funding to purchase improvements on
Lot 11, Block 2, Track 10314, Dededo5. USPS — Renew Contract, Dededo6. Daniel Quinata — Request for access road thru CLTC leased land, Joseph B. Duenas,
Lot nos. 8-13 and 8-14, Municipality of Inarajan and Allan J. Duenas, Lot no. 8-15,Municipality of Inarajan
7. Department of Agriculture Memorandum of Agreement8. GTA License Agreement9. Bill Nos. 374-33 & 375-33, Ypao Point Land Use10. Sagan Kotturan Chamoru
VII. DIRECTOR’S REPORT1. Revenue collection report for August and September 2016
Rev. 4/3/20/6VIII. COMMISSIONERS’ COMMENTS
IX. ADJOURNMENT
AGENDA: I. Call to Order, II. Appraisal ol Agcnda, III. Approval of August 18,2016Mlnotee; IV. Confirmation fur Now GEPA Admlnistlator - Walter son GuermroV. AdmInIstrator’s Report VI. New Business; VII. Old BusIness Update on RIF (orFY13 end FY14; VIII. MIscellaneous; IX. Next Meeting DateIAdJoummeqt
individuals requiring special accommodation, aua’aary aids or serv)cesshould contact Guam EPA by calling 300475159 or [emailprotected].
WGUAHANACADEMY;II AItTP1t SC 11001
Notice of Regular Meeting of the Board of Trustees of
GUAHAN ACADEMY CHARTER SCHOOL
Notice is hereby given that the Regular Meeting of the Boardof Trustees is being called as follows;
Date: Tuesday--September 20, 2016Time: 6:15 P.M.Place: GAGS Board Administration Office
Suite 10, Castle Mall Mangilao, Guam
Individuals requiring special accommodations or servicesshould submit their request to the Board Liaison at 403-3044
or email at: [emailprotected]
Is/FE VALENCIA-OVALIESChairwoman, Board of Trustees
GUAM POWER AUTHORITYATURIDAT ILEKTRESEDAT GUAHAN
RD. BOX 2977 AGAMA, GUAM USA 96932-2977‘Teepee k. tIll e.a-aoscssorFerssmIs 9711 ee-r6s
INVITATION FOR MULTI-STEP BIDThis notice Is paId tor by the GUAM POWER AUThORDY REVENUE FUNDS
Public Law 26-12
fflPJa PRE-BID PATh IIM ATF PMF PfllflWWGPA-101-16 1010312016 2:00 P.M. Insurance Brokerage Services and casualty
Insurance0PA-102-1 6 0911512016 9:00 AM. 10/0312016 2:30 P.M. Insurance Brokerage Services and Property
(Non-Mandatory) Insurance
Bid packages may be picked up at the GPWA, Pmcurement Office, Room 101,1st. Floor, Gloria B. Nelson Public Services Ouliding, 6a8 Route15, Mangllan, Guam 069i3. All Interested finns should register with GPA’e Procurement DivIsion to be able to participate in the bid. Pleasecall our office at 1671) 648-3054 / 3055 to register. Registradon Is required to ensure that all “Amondmenls and Special Reminders” arecommunicated to all bidders throughout the bid proceee. Procurement lnstucont are posted on the Audtiodty’s website athIb’J/mmn,weyautwItv.osen0ma asm,MteocummenU omw rt.dmI.
Guam Environmental protectW,encyBoard of Director’s Meeting
Tliiilsrtiv. september 15,2016 @ 4;OOpm Marl Ohicu cu:lIriri:nco Room
16
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I Kzuni.s’irn i Inangokko;; Tuna ‘ Qhcnnai’uUI JO I’m Inc / Ti-nc! C DIIflfli.c.cjr II?
Tlc c ,faamorro Land Trust Commissluil Board Mrrring will be hdd.onThursday, Septemb 15, 2016 as bOO pm, Department of Land
Managemrns conference room, 3rd Ph of rhe ITC Budding590 S. Maxine Corps Drive, Tamuning.
Individuals rrquiring special accommodations, auniliany aids orsenicco, may connacs 649-5263 car 617.
This ad paid for by Government funds.
‘S no neata
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Department of Land ManagementP0 Box 2950, Hagttns, Guahars 96932Tel: 549-5263 Ext. 375: Faa: 549-5383 - -
wOLStfl5
PUBLIC HEARING NOTICE
Date: SeoanterV1lime: 9aQpmMace: Vloo Gnnnaum
Dower, racec Inc ; rnqunnlinn azone nunltncn inrheitht tort pennitod lm-tontleisco.nmimtasonnmiie lowe on tat DI, Ekak I, ‘tact loll’, von. t211 5-211
Fts’flw Sane pwby Une,’nc
PUBLICATION NOTICEIn accordance with the provisions of Guam Code Annotated,Title Xl, Chapter III, Section 3315, notice is hereby given that:
R.E.B. CORPORATIONdba: HAPPYGO
has applied for a class: (5) General Off Sale, AIhoiic Beverage License.said premIses being marked as Lot; 3&4 TACT 111 #340 PALE SANVITORES RD. UN1 101 /102 ThMDN, GUAM.
I avc/dlo s’sivnekc ueucnvjDEMRTMBITOFCHMAORROAFFMRS .
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1. Ta was me teen kao. tat ed Meleeree Fan Were Br Iicwsn oimel toPctn33-t37
2 Tn ewena, the Oyeaaiat Mangenent Aireenert tetwen the O.pflnerl at mantels affairs andtat Osan ent Otwkoeneat Mfmty.
My Scent nosenneicten racket tlae cuto Pate IbeneMea SI 475-4279w 4754279.
Irñ eteeterml spent bI Seçsonn TrarwsnlOram ‘.tfl Nen4rawtted rats
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,io,rpiT Guensa(CU (horror
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Ge-ac’ Menace’
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SUBSCRIBE
TOmE
FASTESTGROWING
NEWSPAPERIN THE REGION
HPOSTA ‘:11
At
@ ‘ Committee on lands
Publlc Headug Notice
Vietname Chinese Fiiendihip Association of Guamhufit & Los,
January unroeaçM December 2015Ordinary IncomelExpense -
Incomelicket Sales & C butlersInterest-Sat ngs.
_____
Total IrwiNExpense
Facilities and EquipmentOperations ExpensesFundraising EapensesTravel and Meetings
__________
joese
___
Net Income
ASSETSCurrent Assets
C1neckinflvln
_____
Total Cinowd Asset
________
TOTAL ASSETS
_________
LIABILITIES & EOUVEqufty
Opening Balance EquityNet IncomeNet bxame
Total EquityTOTAL UA8J11ES & ECIJTY
#i19-16AZISTAIUffiOffSSOR’
14 PUBLICATION NOIn accordance with the provisions of Guam Code Annotated.Title Xl, Chapter III, Section 3315, notice is hereby given that:
FABELU JR, VICENTEdba: DADDY CINTI
s has apptted for a Class: (4 On Sate Beer, Alcotolic Beverage License.said premises being marked as Lot: L5022-S-NEW-R1 Unit2Oi-BHannonLoop Plaza, Dededo, Guam. -
THE SECRET OF CHANGE IS TOSJS ALL j$ k,OF YOUR ENERGY, NOT ON FIGHTINGTHE OLD, BUT UN BUILDING THE NEW.
PUBLICATION NOTICE
Kiu;ii.vion Inwi!vkkon Tcnzo ‘C hLnhIrn ‘UC hn;iw,o Lund Trz,r C (fl?IthiS clan
The Chimorro Land Trust Commission Board Meeting will be hela&nThursday. October 06, 2O16 at lsOO pm,flepanmcntofLañd u..
Management conference room, 3rd cIt. oldie ITC Building5905. MarineC,epsflrivè,Tamuning.
Individuals requiring special accommodarions, auxiliary aids orscnices, may conuact 649-5263 at 617.
This ad paid ar by Government funds.,,,,:
In accordance with the provisions of Guam Code Annotated,Title XI, Chapter III, Sedtiàn 3315, notice is hereby given that:£1
GANESH,LLCdba: CHALAN PAGO FAMILIA MART
Ms áppli d for a Class: 5 GENERAL OFF SALE ALCOHOUC BEVERAGELICENSE said premises being marked as Lot: 3239-Rem-i #216 ChatanKanton Ta& Chaian Pago. .,
,;t:Si Sen.ThomasMa
GUAM ELECTION COMMISSION -
Kumislon llekslon GuâhanI’d Roo’. S,s!e flo GC( PaWs9
414 Wrstsoled,d Mvnue, HasltvaGsam SeSia 5,,, )-
- ThI: 6711 4fl-F75 t’Fax: 671 477-1555 “, ,,,#
E-Mail: vol’#gec.guam.qov Wthsltr gec.usmgov
Thursday, October 6, 2016, 6PMiLihesiuturon Guahan Public Hearing Room
A C. F N 0 A
(CUR) tC. Ma/li. [F. Cm’ / ,tWoñ Pat EiDJ tI.Eespido -
tttoresetveaporondtbtSll3-i-R2-NEW-R6sMsñlclpaliwofTomsning.tsing ats area ofeight (8) acres more or less, for useas a Chamorru shrinehit refntens,entorancestral remains. -
GUAM ELECTION COMMISSION REGULAR MEETINGThe Guam Section Conunlssion has atheduted Ins monthly nwethbmaanda,cOdnb&6, 2Oi6atSSO pan., an the Guan Section Commission Room,200,414W. Soledad Aye., GCIC Building, Hagãoa,Guam.
The public Is inwted For ItiiFvIdual requlnng special accommodad luary aIdsorseMcesj,lease contad the Guam U&fioo Commission. rorrnoreinfomadoei, youmayellH&nM.Akgat{67fl4fl4t91ooendanemalttovoto@gecquam gov
Ith6i€Akase&rienthecham&idLdtrustComm1*n:’i,ThnewKnca,reaChamoru,lnconLot5173-a-R2NEW4,Muillsysf.Tomwnfniftruseasaoalbumlcenter: - ,
IndivIduals reqtuinng spend actommndations should submitrequeto Blauneflydastoar4l3 3301
- - -- --- PaId fót by snds oftheCommitnee on Lands - -.
- -
€I -- tiea-a1tItj ,-, .
Contact the Human Rewoas Office atrequirements, quaiificadons and appRealionThunday. nod t®,.m. to 1:00p.m. an Riday,.webeke at htWItiya-i,ungsduftr2 for detailedwnattnpl.eaeeerdl0rflnJ.Rive5eamhl
melatheruay ot Giants a u& arcrsdb* Wtaon ant an Esged Opçotmfy E*o,er and FIna’d corseSea wW’ ta Msnts wthi Oisab4tes kt. Fa asatce, ace osnitect the freditDxlCorxeOleatt6fll73S-2244, 5113?35-2143(fl’fl
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- let LARRY 0. GAMBOA, SeNR, SHI4-SCP- Chief Hunun Hesootcea officci —
- 27,60&X- -
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27,6O85
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- 896.16- 12,750.00
10,827.93- 27,274.09
331.76Baed
As of December 31,2015
- INS ADS R410 Foe DY Ift1NtlY.0f&M Fi0S
-II
DEPARTMENT OF YOUTH AFFAIRSGovernment of Guam
REQUEST FOR PROPOSALS (RIP)RFP Number: PYA,EEP4&Q2Z -
NURSING SERVICES - . -
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Vte TiMT OF YflP CAws 0 rflaeg proposal, ftw’ LeS#LInO 0fT1ROyit pàsqssl *xim vith be to wsale ctirflnw ra*,g nan le cte,to of theomtietotvreuti&’la,, -
-l? packets are available M patio revIew ayIck w at the DYA Dkadoe’n Ofe, an Sptsmber28,2016, ocated nt 169 San alSo Spjflanflo,Jrom I dJm3’..5o m tMorntay-RalayFtp p cR10 ts be &v dablcäflWWSäie& p& format O%rvcrenrnens thatproepec*e 04w,ee*ter uM W61 &ntatmtiemnnigar*g an &arçeau
to ii UM thu rule 5th Wban b’pbth releca ti a-ny pa-ny a does idmgnrwTflmai. 4* C •‘SlI4. -
,‘1s.n’ ‘‘,‘-?“ Cr5 -Oeaane torsebretsabi it preposats iom rtlay, Octover 14.2016 at 400pm (Guam Standardlime) Prcpoeate tubrratad altar this Dose end date wIll itt be consared
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BOGOTA (Reuters) — Colombia’sgovernment and Marxist PARC guerrillas will scramble on Monday torevive a plan to end their 52-year warafter voters rejected the hard-negotiated deal as too lenient on the rebelsin a shock result that plunged thenation into uncertainty.
Putting on a brave face after amajor political defeat, President JuanManuel Santos offered hope to thosewho backed his four-year peace negotiation with the Revolutionary ArmedForces of Colombia (PARC) in Cuba,
Latin America’s longest conflict haskilled 220.000 people,
I will not give up, I will keep seeking peace until the last minute of myterm,” he said moments after losingSunday’s plebiscite to those who wanta re-negotiation of the deal oran oNiteration of the PARC on the battlefield.
Santos plans to meet all political parties on Monday and seedlead govemment peace negotiatorHunberlo de Ia Calle back to Havanato speak to the FARC leadership.
Rodrigo Londono. the top PARCcommander better known by h:snom de guerre timochenko, alsooffered reassurance the rebels remain
JAKARTA (Thomson Reuters Paindation) — Slum dwellers in Indonesiahave launched a landmark legal case tochallenge a decades-old law which hasbeen used to forcibly remove thousanthof families, amid a wave of evictions inthe country’s capital.
The case cones as authorities rarrcup effoftsto clear housing along a mainriver bank in Jakarta, the sprawlingcapital of 10 millIon people, to pave theway for an ambitious flood mitigationproject-
Local residents have asked the courtto declare a law enacted in 1960 asunconstitutional as It “givesthe government a great authority to take the land
committed to becoming a peacefulpolitical party.
‘The FARC reiterates its dispositionto use only words as a weapon to buildto-ward the future,” Timochenko saidafter the res4jlt. ‘Count on us, peacewill triumph,”
from the people” without dueconsultation, court documentsshow.
I see more and more peoplesuffering like me, This is wrong,this is inhumane:’ said MansurDaud who was evicted last yearfrom a slum in west Jakarta tomake way (or the project.
The 54-yes-o4 hawkerlauixhed the legal challengewith Lwo othersthisweek, sayingthey want justice to be upheld.
‘There was no dialogue, nocompensation. I have to live at
my parents’ house now, fly chil&enweretraunatized by the eviction, whereis the justice?’ he told the ThomsonResters Fawdation on Friday.
The196o law prohibits the use of laidwithout permission from the rightfulowner, bet land rights advocates argueit has long been invoked in favor of theauthorities.
Lawyer AlIdo Fellis Januardy saidthe law unfairly targets slum dwellersand the poor who cannot provide proofof land ownership, due to a legacy ofunclear and overlapping land titles, aswell as bureaucracy in Indonesia,
However, he said this was exacerbated by the fad that the law does not
by law to hold a plebiscite, had saidthere was no Plan B for the failure ofthe peacevote, butnow appearsreadyto corider options.
Colombians, even those who backedthe ‘No’ vote, expressed shock at theoutcome and uncertainty about the
require the government to provide thesame proof of title when it is used toevict the residents,
“The problem with land evictions inIndonesia is that nobody has a (landownership) certificate;’ said Januardy,who specializes in land rights cases andrepresentsthe slum dwellers,
SJDAN 0I
N°°’I t- -
ETHIOPIA /SOMAUA
,KENYA
‘RE wiSNilGiCil POST
DozensidUedj‘; Ethiopi after
police use tear gas onprotest at festivalBy Paul Schemm -
S*ecsal to TheWastengton Post 41
ADDIS ABABA. Ethiopia -
Dozen, of people died SLndajat a festival after sec*nty forcesfired tear gas Into a crowd duringa political protest and provokeda stampede
There is no official tort withopposibon leaders estimatmgat least 100 det A statementIron the goversr,eM has saidonly that there was a “loss oflives - tajT5%4a
Thefestival of Ethiopia’s OEbtialpeople takes place in Octoberevery year at the condusion ofthe rainy season at a sacred lakein thetown of Bishoftu, about 25miles southeast of the capital,Addis Ababa, a
The Oromo, Ethiopia s largest ethnic group that makes upabout a third of the populationhave for the past year benprotesting their marginalizatlonand theeonfiscationofthelrlandfor factories
‘Mee w,t a. erd ii N was ‘ewes n pE,n -aNW * a1iwow *xva aid eiwae am Said a yet am4t tC&5n &‘--11
r Colombia’s Santos, FARC scrambleto revive peace after shock vote
LI t I iOASWIG Avon, A C&erew Gnt e’cexo as-4omopeaidofbe!eeenthegcserwrwdReoi, o.a’yM dForcasbfcobst4u (FARC)réáhiSUel%ContenSendrRaidr, _‘.
Santos, 65, who was not obliged future.
Indonesian slum dwellers challengeeviction law in landmark case
flOODED SLUM Ott hi isa 2013 ffe phelo.people rest oreewdo r&kroy track neor thefrftoe&dhouses at Taint A&nq then area hi Jakarta. Reams
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The Chamono bad Trust Commicu,,,ii Board Mo-sing will be held onThursday, Orseber 06,2016 at 1:00 pm, Dcparemcnc of bad
Management conference room, Ird Hr. of shc ITC Building590 S. Marine Corps Drive, Tamuning,
individuals requiring special accommodations, auxil’eaq aids oreervic, may contact 649-5263 ext 617.
This ad paid for by Government hands.
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4AjJ() ouoenmy la&tee. ev.efiwd at moms uemst hen ondIoul& hewmses to tealeoco, Ira hnDt ymstaw say bs&hom mh5oei fldl 5.sal men cmmsSfluan.n.
TARRORO, NC. (Reuters) - Floodwaters Inundated the historic blacktown of Princeville, North Carolina, on Thursday. leaving homessubmerged to their roof lines as thestates death toll in the aftermath ofHurricane Matthew climbed to 22.
Flooding from the Tar River hadbeen expected in Princeville, whichwas founded In 1885 and believed tobe the oldest U.S. town incorporatedby freed slaves, and most ofits 2,000residents evacuated.
North Carolina Coy. Pat McCrorydescribed a dramatic rise in the waterlevel in the town, long been plaguedby flooding and devastated by floodsalter Hurricane Floyd in 1999.
Areas that had about a loot of wateron Thursday morning were coveredin up to 12 feet by afternoon, he said.
‘Princevile is basically underwafer at this time,” McCrory told anews conference afterilying over thetown. “You gotta see it to believe it.”
The governor praised the town’sresidents for heeding evacuationorders, saying no one there had died.
However, McCrory announced two
UNDERWAflRLocal residents.o,a theirrant patti as achlwshooa aBSgun while Iherseek refse fromflood waters dueto NuwlceneMafthewlnLjurth&a.t N-C.,Oct lZ CarloMegsvRasters
PUBLICATION NOTICEaccordance with the provisions o Annotated,
Title XI, Chapter III, Section 3315, notice is hereby given that:
GARDEN FOOD & GROCERY, INC.dba: CORNER MART
has applied for a Class: 5 General Oft Sale Alcoholic BeverageLicense, said premises being marked as Lot: 1119-1-3-RI-New 1142FIt 8 Mongmong.
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Historic town swamped, 22 deadin North Carolina flooding
additional fatalities after the stormdeath toll rose to 20 late on Wednes’day. The latest victims includedsomeone who drowned in LenoirCounty after driving around a barricade for a washed-cut roadway. Most
of the state’s deaths from the hurricane have been drownings, he said.
‘Stay off the roads,”' McCrory said.“Stay out of the water.’
More than 30 deaths in theUnited 5tates have been blamedon Matthew. with e fourth deathannounced in South Carolina by thatstate’s governor on Thursday. Beforehitting the southeast U-S. coast, the
fierce storm ki’!ed around 1,000people on its rampage through Haitilast week.
The recovery effort in central andeastern North Carolina is expectedto take weeks or months. So far, thefederal government has disbursedabout $2.6 million to individualflooding victims and approved $5million for emergency road repairs,
11y CREATE YOUR .
OWN STORY.
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rh Chansurru Land Tout Commission Board Mccciiig will be held ouTh.snday, October20, 2016 et bOO pm. Dcparrmenr oul.and
Managancot confcatncc room, 3rd FIr. of the ETC Building5905. Marir, Corps Drin, Tamuning.
Individuals acquiring special arwmmodasions, auxilialy aids orscivicro, may contour 649-5263 cxc 617.
This ad paid for by (;,awrpuns’ns funds.
ReceNeme Pest rewards card with yoursubscdption.Visitmevipostguamsonrtlrewaids to stew all rewards.
“some Stms “‘.
By Thomas Gboes-NeffThe Washington Post
On Monday, Iraqi military andpolice forces, alongside Kurdishfighters and various militias, begantheir slog into the Islamic State’slast Iraqi strongoId ofMosut
Since the official start of the US-ledcampaign againstfrl&amic State inIraq and Syria in:20fl U.&.mllftaryofflcia have *esed that MsedcanfrØIeaed(é1EatedW “adtbhiE andasáU”UiápbfrombiliidthefrontlinaCoaledw*hair
eysqapflWa.gflaspaid oft albeit more siowly than somemllitarycamølgnflithèpäit:
In Mosul, that strategy will beput to the test as U.S. and Western forces are forced to coordinate
9-30gmBm No. 360-33 (COR) -TC. Ada
theiç%uppoa$ comprising chieflyof a ie*wfth 80000 troopsadvancing from different directions,all on their own timetables, somewith differing uniforms and likelyno universal way to communicate
Unlike other battles against theIslamic State the sheer number offighters pouring Into Mosul is staggerlngconiparedto prioroperationsThe fight for Ramadi eadier this yearfeatured roughly 10,000 haqitroops,while the battle for Fallujalt justmonths later, had around 15,000
According to Lt. Sen. StephenTownsend, commander of the U S.ledcaflIftWaqa4Syria,thadvancing forces will be buoyed byWedtem”afr support, artillery, Inteligence advisers and troops that
will help call In airstrikes, known asforward air controllers
(loomberg) — Twitter and Britain’sLabour Party must do more to stampout antisemitism, across-party panel ofBritish lawmakers said. Twitter came infor the sharpest criticism from the HomeAffairs Committee, which expressedshock at the ‘viscerally antisemiticnature and volume of tweets directed
specifically at members of Parliament.” Itflagged online abuse suffered by JewishLabour lawmakers, Including LucianaBerger, who it said received more than2,500 tweets in 2014. “It is deplorablethat Twitter continues to ad as an inerthost for vast swathes of antisemitic hatespeech and abuse,’ the panel ssid in areportpublished Sunday. “The companyhas the necessary resources and technical capability, and must do more toaddress this pernicious problem, whichappears to be growing exponentially.’
iGfRe5a.M re wqid a a olaai aodai me nan and yemen meisypisywn -Jaipafacy annIe ann&tcxai eaid piarens und teem is eta aedan sand ax rar ifeaughte cxniast@pottgoan mm
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114
Bucharest hosts International :,
Tattoo Convention
NOTICE OF PUBLIC MEETING
GUAHAN ANCESTRAL LANDS COMMISSIONKumision I Thno’ Saina-Ta
The GUAHAN ANCESTRAL (ANUS COMMISSION (GALC)noard Meeting will be held on Wednesday, October 26,2016 at 2:00pm, Oepsnmentof Land Management conierence room, 3rd FIr. of the ITC BuildIng. 590 5. MarIneCorps Orlve,Tamunlng. Individuals requiring special accommodations, auxiilaq aidsor services, may contact 649-5263 n432.
This ad paid for by Government funda.
IiILW5ThATEDMAN:A man thows his tattoos during the infematian& Tattoo Convention Bucharest 2056 in Bucharest Romanla, Sunday. Prominent tattoo an ists from acmethe world dispiayed their okliln in the Romanian capitol on, the weekend. AP
Sen. Thomas AdaCommittee on Infrastructure
Public Hearing and Information BriefingWednesday, October 26, 2016
I Ltheslaturan Gualian, Public Hearing Room
Km,nsion Inwzgokkon Tcino - (‘hcnnoi’uC7u itiwi ru land TI -n.s t ( ‘o mans ion
The Chasnorro bndTrust Commission Board Mceting will bc hold onThursday, October 20, 2016 at 1:00 pm, Dcpartmcnr of Land
Managemenc con&rrnce room, 3rd Fir. of the ETC Building590 5. Marinc Corps Drivc, Tamuning,
individuals rcquiring special accommodations, suxihaq aids orservicer, may contact 649-5263 ccc 617.
This ad paid for by Govrrnmenr hands.
An act to transfer lot 427, Municipality of Talofofo with an area of3.243± squas meters from the administrative jurisdiction of theChamorro Land Trust Commission to the Guam Power Authorityfor the purpose of expanding the Talofrfr substation.
Bill No.361-3D (COR) —TC. AdaAn act to transfer a portion of Lot 421-R26, tentatively identifiedas “Iportion 421-fl” Municipality of Ta?ofofo with an area of 2,100±square meters from the Chamorro Land Trust inventory to theGuam Power Authority for the purpose of expandimg the Talofofosubstation.
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COMMISSION MEETING MINUTESDepartment of Land Management Conference Room
3rd Floor, ITC Building, TamuningThursday, August 18, 2016, 1:00 pm — 5:05 pm
I. CALL TO ORDERMeeting was called to order at 1:00 pm by Chairman Pascual Sablan
II. ROLL CALLPresent were Chairman Pascual Sablan, Commissioner Amanda Santos,Commissioner Gyongyi “Pika” Fejeran, Legal Counsel Kristen Finney andAdministrative Director Michael J. Borja.
Ill. APPROVAL OF MINUTES —June 16. 2016Commissioner Amanda Santos moved to approve the Minutes of June2016. Commissioner Pike Fejeran second the motion. There wereobjections, motion passed.
IV. PUBLIC COMMENTS1. Natasha Cruz represented by her father, Ted Cruz: Ted Cruz,Natasha’sfather, she could not get out of work as the school just started today. Whatwe are asking is for a name change on the lease so she can move forwardto build her house.
Commissioner Pika Fejeran— I think you work with your representative,right?
Chairman Pascual Sablan — She has a niece already and wants torelinquish it to her.
Administrative Director Michael Borja — She wants to turn it over to herniece.
Chairman Pascual Sablan — Natasha needs a survey?
Administrative Director Michael Borja — No. Because you are notsupposed to change anything on the lease for seven years and we arechanging the lease within that seven year period from one name to another.She wants to give it over to her niece and so we are just looking to get thecommission’s approval for doing that because it doesn’t meet the sevenyear requirement. But we’ve qualified her, she’s fully qualified for the
£‘haQiorro Land TrusiCommissiont’Kwnjsion Inaneokkon Tano’ t’Jharnoru)
P.O. Box 2950 Hagâtna, Gndhan 96932
__________________
Phone: 639.5263 ext. 335 Far: 639-5383
Eddie Baza Cairofl!Qflj (‘I of c;udht,n
IRay Tenorü,Lrrntcnan: Governor of Giu3hi in
Commission Members
Pascual V.A .Sablan(injiurnun
Joseph L CruzVice C h,,nniuz
Amanda LG. SantosCc,,n,ni.vsicnier
Gyongyi’Pika” P. Fejeran(‘otnInissi, pier
(Vacant)C,nn,,,issioner
Michael J.B. RorjaAthnin istrative Direchi r
Rev. 4/4/2016
16,no
CLTC Meeting MinutesAugust 18, 2016
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Chamorro Land Trust applicant lessee. We are not changing the land we are just changingthe name on the lease.
Chairman Pascual Sablan — What happened to the lessee? The original Lessee?
Ted Cruz — My mother passed away and I was the beneficiary, I turned it over to my twosisters, and I have my own land. I was told when I was the beneficiary; before I even got theland I even asked I am the beneficiary of one land they told me, oh it’s okay, than I was told,that I had to give up one or the other so I transferred everything to my sister. So my sistergot married she has her own house and everything, and she doesn’t really have time to go tothe land so I told her, I said, give it to one of the kids because I’m the only one who has kids.My daughter is the one who is trying to build a house on the land. She went to the bank andthe bank said it won’t build on a land trust land so she’s going to Guam Housing right now.
John Gumataotao (CLTC) — Just a recap to what he said. Because the sister has a privateresidential structure or home, she doesn’t qualify under this Chamorro Land Trust applicationfor residential but because she already received her lease, the niece, she is ready to build ahouse if she wants to go to the motions of the Guam Housing Corporation, it is the onlyinstitution who can finance on government land.
Commissioner Pika Fejeran— I have two questions. Your sister has already provided all thedocumentation, our records is showing she wants to relinquish her lease?
Ted Cruz — Yes mam, all the documents are there already.
Commissioner Pika Fejeran— M second question is, the seven year alienation, why is that, Ihave not seen that?
John Gumataotao (CLTC) — It’s more part of the benefits granted under the lease wherethere’s a seven year tax exemption and there’s a two year requirement requiring the lessee tobuild on the land and it’s already been, like I said, three years, because we haven’t met theseven year period, it’s the commission’s judgement/decision to transfer the lease within thatseven year alienation.
Commissioner Amanda Santos — Why only seven?
Administrative Director Michael Borja — The seven year is in the public law?
Margarita Borja (DLM) — Public Law 23-38. Does not allow until after the seven years. I’mnot sure what section it is, but it’s in there. What it is they got to hold on to it for at leastseven years. If the request comes in before the seven year period for emergency purposesonly it would have to get approved, so it’s up to the board in case if it’s emergency. It’sallowable but it’s upon the board.
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Chairman Pascual Sablan — OK you understand John.
Ted Cruz—Yes, I understand.
Chairman Pascual Sablan — and you have submitted all those documents to ChamorroLand Trust.
Ted Cruz — All the documents are submitted already sir.
John Gumataotao (CLTC) — It’s basically just seeking the board’s/commission’s approval totransfer the lease rights from Maria Camacho to Natasha A. Cruz, and we wouldn’t be askingthis if Natasha Cruz does not meet the qualifications. She’s meet all the qualifications as aregular applicant.
Commissioner Pika Fejeran— I’ll make a motion to approve the relinquishment from thelease holder to your daughter.
Commissioner Amanda Santos — I second.
Chairman Pascual Sablan — A motion was made by Pika Fejeran second by AmandaSantos. Any comments? No. Those in favor say aye.
Everyone : Aye. Thank you.
2. Atanacio A. Cruz
Administrative Director Michael Borja — The other person Anatacio came in. AtanacioCruz, Anita Cruz
Chairman Pascual Sablan — Please state your name.
Atanacio A. Cruz — Anatacio A. Cruz, Anita A. Cruz
Chairman Pascual Sablan — What can we do for you?
Atanacio Cruz: I have a land lease up in Yigo and I want to share with my sister half acre,give her at least half if we could.
Chairman Pascual Sablan: You have two acres land and you want to (interrupted).
Atanacio Cruz: Share half of that to my sister because she don’t have no place to stay.
John Gumataotao (CLTC): Just need to provide information on the lease, he has aChamorro Land Trust lease for agricultural purposes in Yigo for two acres, Ms. Cruz has aresidential application, however, she was not given a property, the brother is willing to
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relinquish one acre of his two acres to the sister. However, anything above half acre isrequired also by the Chamorro Land Trust Commission to get approval.
Administrative Director Michael Borja — Was the original lease based on the land usepermit?
John Gumataotao (CLTC) — Yes because he was.
Administrative Director Michael Borja — In the past, what happened, he preoccupied theland? In the past, the commission had approved these kinds of division of lands for theperson who came aboard not because of the Chamorro Land Trust but because he had theland previously. However, had he given the land directly from the Chamorro Land Trust, thecommissions never approved the subdivision of the lot to be allotted to someone else.
Chairman Pascual Sablan — But are these agriculture lease?
Administrative Director Michael Borja — No, no but he does have Chamorro Land Trustleased out because we had to give him one because he was in Arendo because under theland use program he is certified as being the prior occupier of the land prior to the creation ofthe Chamorro Land Trust Commission and such we had to give them the lease for the landthey were using at the time so he is asking to subdivide that land. Now in any kind ofsubdivision we had to comply with whatever our subdivision law is in dividing the land toensure that there’s an adequate access to both lots so one cannot be land lock.
Commissioner Amanda Santos - So they could share now that? He could share it with thesister?
Administrative Director Michael Borja — In the past we had done that too so the land usepermit, originally the land use permit, land users. We never allow it unless they got theapproval of the commission. It was not something the director would approve, and that’swhat we didn’t do the last time. So we have just, not long ago, we had some individuals whotook a very large lot and divided it into four. The brothers were on it and the two sons wereadded on.
Commissioner Amanda Santos — What place is that?
Administrative Director Michael Borja — Dededo
Chairman Pascual Sablan — I remember that. You have any suggestion?
Commissioner Pika Fejeran— Question. So your intension is to live on the lot that yourrelative gave you? To build the house on it?
Anita Cruz: I built the house already and I’m farming on the lot.
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Commissioner Pika Fejeran: Are you currently living there or is it strictly for farming, theportion you want to keep.
Atanacio Cruz: I used to live there but then I gave it to her.
Anita Cruz: We’ve been farming the land.
Atanacio Cruz: Everything is fruiting since 1980.
Commissioner Pika Fejeran: Would there be a problem if it is subdivided? Is it a problem tochange her lease to residential?
Administrative Director Michael Borja: or it can still be agriculture if they are allowed tobuild a house?
John Gumataotao (CLTC): It’s a different requirements that are met for agriculture andresidential. For agriculture he has to farm at least 70% of the land which if relinquishes anacre to the sister or even a half acre he still has an acre and half to work with the 70% so it’sfar less to get the CLTC to approve the relinquishment of either a half acre or one acre of thisoriginal two acre lease and then to amend the lease to give whomever.
Commissioner Pascual Sablan: So what is your intension, you’re going to give your sisterhalf of it or what, half acre or what?
Atanacio Cruz: Yes, she prefer acre and I’ll keep the other half since I have two. One each.
Commissioner Pika Fejeran: One acre each.
Chairman Pascual Sablan: You have two acres?
Atanacio Cruz: Yes sir.
Chairman Pascual Sablan: So you cut it in half so you get one and your sister get one?
Atanacio Cruz: Yes sir.
Chairman Pascual Sablan: John, done the survey ready and everything?
Administrative Director Michael Borja: They want to be required to do the survey tosubdivide the lot in accordance with the subdivision law and it will be their responsibilitybefore the lease is to be executed.
Chairman Pascual Sablan: ok!
Chairman Pascual Sablan: Do you have any question?
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Commissioner Amanda Santos: It would be nice if he could give the sister one acre thatwould be a good idea.
Chairman Pascual Sablan: It’s good idea to give the sister half?
Commissioner Amanda Santos: One acre, one each.
Commissioner Pika Fejeran: Sounds like a motion.
Chairman Pascual Sablan: Okay
Commissioner Pika Fejeran: Moved. I second
Chairman Pascual Sablan: A motion has been made by Mrs. Santos, second byCommissioner Pika Fejeran to approve the request of Mr. Atanacio Cruz. Ok Mr. Cruz, John.
John Gumataotao (CLTC): Thank you sir.
Chairman Pascual Sablan: Thank you
Atanacio Cruz: Thank you everybody.
Chairman Pascual Sablan: Who’s next?
Administrative Director Michael Borja: Is Melvin Duenas around?
Margarita Borja (DLM): He’s here.
Administrative Director Michael Borja: Jacob Iriarte. Go ahead and states your name forthe record and then explain what you are here for.
3. Jacob Iriarte: Good afternoon, mam sirs. My name is Jacob Inane and my purpose forbeing here is to try to continue farming in the property that was authorized and approved bythe Chamorro Land Trust in 1995 when I applied. I was deployed several times and I was notable to follow through so every time I came back, Chamorro Land Trust, I don’t know who theadministration was at that time I do know all the personnel there. They said they will take careof the paperwork, they did allow me, I’m sorry, I had to turn off the nervous button. Anyways,April 30, 2001 before I deployed I applied, they approved, authorized for me to have atemporary water hook up and power hook up so I went ahead and build a pedestal on this.You don’t mind if I pass out the Power Point presentation? This will give you an idea of wherethe land is located at and they do have it on the screen.
Commissioner Pika Fejeran: I just have a question before you move on. Do you have alease or is that the issue?
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Jacob Iriarte: You know that was the issue, right is that in 1995 Chamorro Land Trust, it’snot a playing game, we’re not here to debate or argue. They said they will take care of thepaper work and I said you know okay. So they had approve/authorize me to occupy so I’vebeen farming and raising my animals there. I also left a storage container with a lot of myequipment but when I deployed and came back all the stuff were gone my power meter wasthey took all of the copper they took all of my equipment my farm equipment and of courseunfortunately water was disconnected I don’t’ want to just ahead but hey those were thethings were happening and I really wasn’t expecting to be here but I’ll go with the flow andjust requesting if you can approve me to farm continue farming and raising my pigs they hadoffered me a residential lot the only reason why I paused on that is because I currently haveseveral a lot of pigs and I know that public health is very strict a pigs do have a foul odor I’mworking on it as far as going to the proper procedure and guidelines....My farm included and of course unfortunately the water was disconnected. Those were thethings were happening and I really wasn’t expecting to be here but I’ll go with the flow I’m justrequesting if you can approve me to continue farming and raising my pigs, they offered me aresidential lot, the only reason why I am on that is I do have several pigs and I know thatpublic health is very strict pigs do have a foul odor I’m working on it as far as went to theproper procedure and guidelines on how to construct a proper piggery as you all knoweverybody complain about the smell so I want to try to prevent that or minimize that. Theonly way for me to continue is that I try to obtain a lease to get the power and water. They doapprove the water and power. I have water hooked up but then again I left so theydisconnected and then I came back and then after this past deployment I came back to ask ifI can get a temporary hook up until we get this matter straighten out so I don’t have no controlover unfortunately I was denied; maybe not denied but on hold.
Commissioner Pika Fejeran: Who told you to come here and get a valid lease?
Jhoana (CLTC): The thing is the area that Mr. Iriarte is occupying is unregistered soalthough he has been in the premises you know for quit sometime the area is unregisteredwhich means we are unable to give him a lease and also a survey map for him to go andpursue in survey so he did advise us to there is a meter that was put there prior but due to hisabsence on island I believe was cut off so when he tried to go and try to hook due to ourinstability you know we can’t give him leased on unregistered or survey that’s the only reasonwhy Mr. Inane is unable to go ahead and hook up a water even though there is a meter there.So he has been requesting that is possible avenue for him to hook up the water but that’ssomething he hadn’t done that due to the area being unregistered.
Commissioner Pika Fejeran: Were you on that land prior to your application?
Jacob lriarte: Yes. I just wanted to... in ‘95 that came up with that application and I went inand apply and they asked me the option weather you want the agriculture or residential I saidI requested for agriculture to continue doing, farming. Then CLT said they are going throughthe transition of a transfer of authority from Dept of Agriculture to CLT. I didn’t knowanything, I honestly didn’t know anything about it I said okay so they said okay go ahead andcontinue farming and a we will take care of the paper work so again you know time lapsedagain I was able to obtain a temporary approval for water and power they did approve it there
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is are utility poles there and there are water pipes two inch water pipes that go directly toproperty. It is surveyed however it’s under (inaudible) all that section there is broken up tonine acres from what I’ve learned and again I’m not looking for residential I’m moreconcerned with the farming because even with herbicide spraying with chemicals. I didn’twant to affect the neighboring properties which I know some areas right now it has becomean issue and I’m trying to prevent that from actually happening, you know, in my case.
Administrative Director Michael Borja: Jhoana, does he have an application on file?
Jhoana (CLTC): yes
Administrative Director Michael Borja: What’s the date on the application?
Jhoana (CLTC): February 1996
Administrative Director Michael Borja: February ‘96? Is he a land use permit (inaudible) oranything or (inaudible) agriculture, anything on file for that, do you recall ever gettinganything?
Jacob Iriarte: I just got back from active duty.
Administrative Director Michael Borja: I know but prior to you using the land, you’re usingthe land because the Department of Agriculture had grant you that land?
Jacob Iriarte: Yes
Administrative Director Michael Borja: You have any proof of that documentation?
Jacob Iriarte: You know sir if I had known than what I know now, it was all verbal.
Administrative Director Michael Borja: Do we have any kind of documentation from theDepartment of Agriculture on their previous leases?
Jhoana (CLTC): I haven’t checked on regarding the listing of all the (inaudible)
Administrative Director Michael Borja: You need to check on that. Do you have themayor’s certification?
Jacob Iriarte: Yes sir
Administrative Director Michael Borja: So you’ve been there since before 1995?
Jacob lriarte: ‘91 actually
Commissioner Amanda Santos: In Dededo?
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Administrative Director Michael Borja: Was this Mataguac?
Jacob Iriarte: Actually this is the boundary that divides Dededo into Yigo.
Administrative Director Michael Borja: The Mataguac area?
Jacob Iriarte: Yes sir.
Administrative Director Michael Borja: So it’s unregistered land. I know we are going tohave another individual here and we’ve been approached by an individual who has been outin that area as well for a while and the problem with unregistered land is we’re prohibited bylaw in issuing leases until the land is registered so we are trying to look at a way for theseindividuals who have been farming there for years and years and years and through eitherthe Department of Agriculture or land use permit to have some kind of authorization tocontinue for them to use the land and that authorization in some way hope fully we can workand make arrangement with Guam Waterworks and even Guam Power Authority for them tobe able to have something, because there is an issue with the utilities and being able toprovide services for people. They should have a legal authority to use the land as the lease,they should have a survey to depicts the area and where the easem*nts are and that’s therequirements that they need to have and we are pretty much trying to honor that all the way, Idon’t know if we have any kind of survey maps or master plans of the area.
Margarita (DLM): There’s recorded map.
Administrative Director Michael Borja: There’s a recorded map of property?
Margarita (DLM): For the (inaudible)
Administrative Director Michael Borja: That’s a recorded map?
Margarita (DLM): It’s 10-20
Administrative Director Michael Borja: Of an unregistered land?
Margarita (DLM): Yep. Aha!
Administrative Director Michael Borja: Ok. So you know if you want we will work on tryingto find a way to get this issue resolve for the time being until we get the land registered tothese lots. Formally.
Margarita (DLM): Sure
Administrative Director Michael Borja: But the issue here is it might be a February 1996applicant if it proves that he’s a prior user again, you know, we’re been able to overcome that.
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Chairman Pascual Sablan: At the same time I’m not going to ask Mr. Iriarte to move out,you know, from the place but he should go through, like others, you know, try to get somedocuments and coordinate it with the Department of Agriculture.
Administrative Director Michael Borja: What I’m about to point out commission, is that thisunregistered land, we’ve been asking for budgets to include the process to allow for us to dothe surveying and the registration of lands and it was denied in the last year’s budget and inaccordance with the substituted bill introduced yesterday for the 2017 budget we been askingfor, it’s been denied again. So this is an issue where it’s going to become extremely difficultfor us to even move forward in this matter for land registration processes as well as landsurvey without the funding we’ve been asking to have. Now the funds are available but theyhaven’t given us the appropriation to do it, you know. We’ll work with Mr. Iriarte in trying tofigure a way to make this work for him and in the interim but as far as the former lease goeswe are going to have a difficult time issuing one on unregistered land. Now, there do existleases on unregistered lands that were given prior to in very early years and those issues areof concern which we have to deal with. But we are not going to go kick those people offbecause they are using it and there’s no zoning so we have to deal with those kinds of issuesas well.
Chairman Pascual Sablan: How many years you know to allow it to stay here and then andwhen that time comes we, again I don’t want the Chamorro Land Trust to get stuck also youknow.
Administrative Director Michael Borja: We have to be careful too I mean the authorizationisn’t going to allow what we want to allow him the water and power, that’s what we have tofigure out. We don’t know but we do have a map that will (inaudible) that help along the waybecause it provides — we have to work one on one with the individual and the utilities onthese issues.
Chairman Pascual Sablan: I have a question Mr. Iriarte. This is a decent size propertypercentage wise, how much of it are you using?
Jacob Iriarte: Percentage wise sir, I say almost 75%. What I did was I planted severallemai trees which I’m trying to. There’s Iemai trees and pigs farm. The reason why I’m justconcentrating on lemai trees right now and the butu trees (paused)
Commissioner Pika Fejeran: It’s very unfortunate that you know in this grey areas that arehazard site but like the director said I think we can work individually the utilities.
Administrative Director Michael Borja: Moving forward, do you know we are going tofinally have to have more discussions about the size of your land?
Jacob Iriarte: Yes, sir that’s no problem. The water, the two inch lines are already right infront of the property the power poles are there on the property they are on site. As I said Iwas giving an authorization to hook up water and I was allowed I went ahead and hooked upwater it was disconnected because some misunderstanding but I did, but as far as the utilities
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there fronting the property I was relying on rain water actually to supply the pigs andtransiting water from some areas to the animals.
Chairman Pascual Sablan: On this map where are you here?
Administrative Director Michael Borja: At the dot at the very end.
Jacob Iriarte: Right there is 299 meters in
Chairman Pascual Sablan: 260.99?
Jacob Iriarte: Yes sir it’s approximately 260 meters in from Chalan Kota the main strip.
Chairman Pascual Sablan: For this you are occupying all these.
Jacob Iriarte: No, no sir. Just this area here. Just this area. So all of this is lemai trees andthen the one and then the pigs.
Chairman Pascual Sablan: Thank you Jacob.
Jacob Iriarte: Thank you sir.
Chairman Pascual Sablan: So we show in the record that we entertained this concerns,you know, of the problem
Commissioner Pika Fejeran: I would like to make a motion to have the commission and thedirector to work directly with Mr. Iriarte first to get the documents necessary showing that heis rightfully on that property and then moving forward from there getting some kind of interimagreement with the utility companies until we are able to register, have survey and thenfinally issue out a lease. Again based on the documentation you provide in the beginning.
Commissioner Amanda Santos: I second the motion.
Chairman Pascual Sablan: Make sure the things like this whoever using the property don’tsoil the property is my concern. You understand where I come from?
Jacob Iriarte: Yes sir.
Chairman Pascual Sablan: So those in favor say aye.
Everyone: Aye.
Chairman Pascual Sablan: Ayes have it. Thank you.
Administrative Director Michael Borja: Get in touch with Jhoana.
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Jacob Iriarte: Yes, thank you very much.
Administrative Director Michael Borja: Frank Cabrera. Please state your name for therecord and explain what you are here for.
4. Frank Cabrera: Good afternoon sirs and mams. My name is Frank Cabrera and I’mfrom the village of Piti.
Chairman Pascual Sablan: What can we do for you?
Frank Cabrera: Back in March of 2011 my farm land was approved and I was asked by thethen administrator of CLT if I like five acres in the Malojloj area to farm and I said oh wowthat’s great yea and okay he told me that I would have to have it survey so immediately I gotmyself a surveyor who starts surveying the property but the surveyor said that I would have tofork out half of the money to him before he start surveying so I fort up $1,500. In the processof surveying the property the surveyor said Frank this is not farmland this is all rocks. This isall coral rocks. I said really, he said, yea if you want you can come down and look at it andlook at it for yourself so I said okay I went down and looked at the property and sure enoughit was basically really sharp rocks like you find on the you know going down to Yona beachwith the sharp rocks and I said okay I guess I better go back to Chamorro Land Trust and seewhat they could do. So they offered to show me a property in Inarajan and I chose not to godown to Inarajan because it was like a mountain side and coming from Piti by the time I camedown I was sleeping, you know, very sleepy. I said no Inarajan is too far from where I live sothen he showed me, I forgot, where he showed me first, he showed me Agat another areawhich was next to a field that they were going build the southern, I guess, recreation centerbut in that area it was really, it would drop, and I think only maybe less than a half acre isreally good for farming because it would drop again and they only according to the personthey were sink holes there in that area, and they were a lot of I guess construction I guess alot of cement that were thrown in there. I said they would be a lot of work for me to clean up.So I decided no and then the last one they showed me was a C&H farm area I forget next tosome store there, I forget the name of the store, I’m not really familiar with the northern part,but when they showed me the area I was so happy because it was flat, nice and flat. So heshowed me the area but after that there was no follow up, nothing.
Chairman Pascual Sablan: Not follow up from Chamorro Land Trust?
Administrative Director Michael Borja: Who were you working with?
Frank Cabrera: There were several agents, I guess, I mean there was a woman, a man. Idon’t remember names. I remember faces, and then I heard from David Camacho saysFrank there might be a possibility that you know I might get something up on BarrigadaHeights behind the old Revenue and Tax cause I guess you guys were in the process ofsurveying that area but he told me he might get less than five acres that you got. I said howmuch less and he said maybe two acre. I said I don’t care, give it to me. I’m tired of waitingyou know I’m tired of looking at sites plus I thought that area would be ideal because I felt itwas much closer to me, you know from Piti going up there to Revenue and Tax behind that
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area somewhere in Barrigada Heights. That again never happen. But I waited, I waited, andwaited hopefully that something will happen, nothing happen. So now I’m here because I’mreally tired of waiting, and my plan was authorize and I went out and spent $1,500 I haven’tgotten reimburse for that and if you want me I can bring Mr. Castro to verify or confirm that Ipaid him that amount to survey the property in MaIojloj and he was the one who told me thatthat area was all rocky and I confirmed it because I went down and looked at it.
Chairman Pascual Sablan: I suggest friend that you come in and see the director and hecan refer to one of the staff that can show you a place that is good for farming. Because itlooks like you went to Inarajan and just to find out that the rocks are coming up. I don’t knowwhat’s the problem.
Frank Cabrera: I did the water. There’s no follow up from the Chamorro Land Trust.
Chairman Pascual Sablan: How about you following up?
Frank Cabrera: Well I, from what I heard in the follow up, you know me, checking they said,Frank it’s really dangerous up there at night time because there’s a lot of people I guessrobbing I guess going into... I said oh my God. So in my mind I said ah maybe that’s not agood area because I said if I’m not there everything I plant will be gone if they are coming inand stealing it than I will be depressed/frustrated.
Chairman Pascual Sablan: Have you seen the place that David Camacho mention to you?
Frank Cabrera: No I just heard it through him that I guess they were in the process ofgetting that property survey and that I said wow great I was so happy because I’m hoping, Iwas telling Dave, I’m hoping you guys get it survey and I hope you contact me and you know.
I was just basically hopeful.
Chairman Pascual Sablan: Don’t you want to go through that route as I said to see thedirector or the Chamorro Land Trust and they will be the one to show you what would be agood place.
Frank Cabrera: I just want a farm land that has easy access from it, I like to go to somethingclose by.
Chairman Pascual Sablan: You’re warning me now because if they assign you some placefrom Piti to whoever might fall asleep on the road and get accident.
Frank Cabrera: That’s true and I don’t want to fall asleep on my way to the farm. Maybe ittook much longer because at the time I was going down, what was happening in the south,road construction so you have to slow down to the one side of the road and wait.
Administrative Director Michael Borja: We will have the land agent update Camacho anda way to get in touch with you too so someone can follow through on this. We did have some
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changes, some of the land agent perhaps one of them might have files they were workingwith you and we’ll (inaudible).
Frank Cabrera: Okay, great. Thank you so much.
Administrative Director Michael Borja: You guys have his contact information? Let’s goahead and we’ll get your contact information. So we have your phone number assign so we’llwork on it.
Commissioner Pika Fejeran: Thank you
Administrative Director Michael Borja: I think the next individual, I can’t read the name,but Santos? Did someone sign up that we haven’t called you yet? The other individuals onthis listing are on the agenda.
Chairman Pascual Sablan: Okay. So we’re done with public comments.
Administrative Director Michael Borja: Yes
V. OLD BUSINESS
Chairman Pascual Sablan: Old Business
Administrative Director Michael Borja: You had asked to have the information from theprevious agenda to be brought up to attach in your pamphlets to follow through.
Commissioner Pika Fejeran: Let me go down this way please
Administrative Director Michael Borja: Sure
Commissioner Pika Fejeran: Did you ever meet with the (inaudible)
Administrative Director Michael Borja: No we have not. Guam Racing Federation tookcare of the issues of the one right away of the number of financing. Joey, do you haveanything on the Guam Federation, they provided a lot of detailed information because theresults was being requested through the public auditor on this as well so we had a group ofinformation coming in but they agreed to work on getting the typographical update just needto follow through with them on that, they did provide us the next day with the copy ofinsurance and certified documents of the lease and that they (inaudible) taking out (inaudible)Hawaiian Rock certified copies that they have with Hawaiian Rock.
Commissioner Pika Fejeran: Is that what the (inaudible).does? It match up with what wascalculated or received from them?
Administrative Director Michael Borja: Yes, there’s a certified copy.
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Commissioner Pika Fejeran: Sorry for the Racing Federation, I think they also discussedtheir lease I guess inclusive of admissions loyalty?
Administrative Director Michael Borja: We explained that to them and they there stillsome issues on all that but they have worked out other things so we are still talking to themon resolving and they don’t have very many (inaudible). So yea, that’s one of the things westill (audible).
Commissioner Pika Fejeran: And we are also asking copies of the report they gave toGEDA?
Administrative Director Michael Borja: Did we get the Racing Federation report to GEDA?
Commissioner Pika Fejeran: I think we asked them when they turn it in to GEDA to give uscopies as well. So these are still pending items?
Administrative Director Michael Borja: Yea. On the issue of the Department ofAdministration for transfer of funds, they continue to still do so I’ve asked. They been puttingmoney back but they take money out and put money back without the notification. We hadask so we are going to accumulate the information since May and I’ll have the discussionpersonally this time the records be submitted, the letter because we need to put them tonotify us. On the funds for the survey as I mentioned to you earlier we did this resolution butnow I think it’s going to be time we need to act on it, especially line of the fact that it’s notincluded in the budget. In fact the budget for Land Trust was cut back from even this fiscalyear by $400,000. I’ll have that information to you. It cuts out a whole bunch of stuff we don’tknow what it does, I mean just the summary. On the concentration easem*nt from UrunaoAnderson, kind of put the action on hold even though we are still going to try figure an area(inaudible). The introduction of Bill No. 362 which we will discuss later on, it does actuallycreate conservation easem*nt in two different villages that includes part of that area that wewanted to do the (inaudible) limestone for that area.International Bridge Co. we met with Mr. (inaudible) and he agreed to move out from the sitewith full resolution that there’s nothing owe to anyone we asked until February 2017 tocomplete the move, he’s already moving things out and we are going to do site inspection toknow what it looks like now and then do a final site inspection. I asked about spoiling of theland and he said he been keyed on that the only thing that remain or existing tires that theyfound on the site that they just stacked up in the corner of that area but he said these are notthe tires that they use. He thinks they are the construction tires so they are moving everythingout, and then any kind of other chemicals that they have there was a holding area for thosespecific (inaudible) that’s under the protection to prevent leaking into the ground.Commercial lease, the resolutions for the three different lands that we approved in Junemeeting and submitted to the legislature June 24th and the 60-day review period August 23rd,
so that’s just next week. Once that’s done we will be ready to start moving on some of thestuff. The one action that we want to talk about later on number 10 on the new business willbe how we move forward on at least one of those lots. The copies of the resolution asattached.
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Commissioner Pika Fejeran: Thank you
Administrative Director Michael Borja: Can we move Mr. Daniel Babauta to the beginningof the new business because he has to get back to work and then Mr. Francisco San Nicolasno. 3 we’re closing out so we can go to no. 6 first and delete no. 3.
Margarita (DLM): That’s okay. Mr. Babauta left already so you can go ahead.
Administrative Director Michael Borja: We will just go to him when we get to it so you cango to the one after. We will just call them in the same order.
Chairman Pascual Sablan: Mr. Mark Duenas.
VI. NEW BUSINESS
1. Stephanie: Mr. Chair, I’m Stephanie Duenas I’m speaking on behalf for my brother MarkDuenas and my sister Cindy Terlaje.
Chairman Pascual Sablan: What can we do for you Stephanie?
Stephanie: My reason for being here today is because me and my two siblings we have aDecember 1995 residential lease for Lot 5402-R5new -17-6, 3, and 9 I believe in Mangilaowe have been requesting for the easem*nt to be done on the property and it has not beenany easem*nt done for the property for us to go to. It has not due to the fact that there is noeasem*nt to go to our property there was one time at one point we were allowed fromChamorro Land Trust applicant her name is Joan M. Jackson, she allowed us to pass to herproperty in Mangilao which is located next to our property in Mangilao for Chamorro LandTrust. She allowed us to pass through her property to go to our property and then later onshe got irritated and didn’t want us to pass through our property anymore. So since then wehaven’t been going there and doing anything to our property but we were requesting to beremoved to another area due to the fact there is no easem*nt. We are asking from the boardif we can, if we can have assessment from the Chamorro Land Trust or any othergovernment agency that can assist us with the easem*nt if they can assist us then we willstay but if we are going to be place to another area and there, we’re still going to have thesame situation where we are going to have, you know, where there is not going to beeasem*nt again where we can’t do anything to the property then it’s going to be the samething again where we go back to the same situation where we have to wait again becausethere is no easem*nt and then I believe because there is no activity going on is we will bepenalize if we don’t do anything to the property so we just asking for the board for approvalon that.
Administrative Director Michael Borja: Commissioner just a full disclosure, Stephanie isan employee with Chamorro Land Trust Commission so we advise that it’s probably best ifwe discuss to a commission level. If you look at the areas map, it’s attached, the problem wehave here is that the easem*nt that will lead to way up to these group of lots and her and herbrother and sister are part of that red area. You will see in the middle of that easem*nt there
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is a house in the middle of it and that’s the problem. So trying to move that house will be awhole other matter as well but what they are asking is either relocate them or open thateasem*nt.
Chairman Pascual Sablan: I broke this up in...( paused)
Legal Counsel Kirsten Finney: Sir I just want to clarify so the problem is that there’s noeasem*nt, it’s that the easem*nt is being blocked.
Administrative Director Michael Borja: Correct. They can’t use the easem*nt because it’sbeing blocked.
Legal Counsel Kirsten Finney: How long has it been?
Administrative Director Michael Borja: Unfortunate thing is when the survey was done thesurveyor just put the easem*nt right through the person’s house.
Margarita (DLM): We didn’t know the house was there.
Administrative Director Michael Borja: The survey didn’t show the house was there.
Chairman Pascual Sablan: Is it via a concrete poles.
Voice: Wood and tin.
Jhoana (CLTC): The family had already been advised and they are willing to move giventhere’s going to be available lot there and they are willing to move there the Duenas familymain concern is that the access to their property is you know theirs is no, right after thehouse, because we visited there a couple of times, right after the house is just pure jungleand big boulders of rocks so in order for the family to, I believe Mr. Mark Duenas is alreadyhas already seek advisem*nt from the mayor’s office in regards to maybe there’s anyequipment that can assist in moving those boulders of rocks, but I believe he was notsuccessful in that so their main concern is, you know, they wanted to stay there given thathopefully the assistant from Chamorro Land Trust or government can help in opening theeasem*nt so they can you know access the lots back there. And it could benefit the otherindividuals or the other families that may be in the area.
Chairman Pascual Sablan: Ms. (inaudible) I know you’re brother have to think sometimelast year why you’re not doing anything to coordinate something with this portion.
Administrative Director Michael Borja: He can’t just move his house. We have to movethe house and we don’t have the money to do that kind of stuff.
Chairman Pascual Sablan: Stephanie this is nice piece of property have you
Stephanie: Yes, we’ve been there.
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Chairman Pascual Sablan: You been there, how do you access?
Stephanie: We were accessing through Joan Jackson she gave us the approval to passthrough her property we have to go to her property behind her house to our lot so we weregoing there several weekends and we started going there clearing up and stuff but then lateron she got irritated and just didn’t want to entertain us anymore and only to find out that shedidn’t want us to pass there anymore. I don’t know what her reason was but she spoke to myparents and all my other families and all a sudden we were coming there and she just didn’tallow us anymore to come to her property.
Commissioner Pika Fejeran: Is your place red rectangles?
Stephanie: It’s from all the way top there to the one in the corner in the bottom that one wasgiven away already to another applicant. So there’s four from the top, 1, 2, 3, 4 and the wayin the way bottom. Is for another Chamorro Land Trust Applicant.
Commissioner Pika Fejeran: There’s only three of you?
Stephanie: There’s four of us.
Commissioner Pika Fejeran; What’s on the other side of that top property? It looks evencloser to the access road.
Stephanie: No there’s nothing there.
Commissioner Pika Fejeran: Is it private property?
Eileen (CLTC): It’s cliffline. It’ steep.
Commissioner Pika Fejeran: So we can’t have access that way either?
John Gumataotao (CLTC): Are you familiar with Marbo Cave? This is the ... up here wheremy cursor is is the intersection where the Carnation and Marbo Cave going down to MarboCave, so if you have been there before you can imagine driving down even the first 500 feetyou can see on the right on the right side there’s a cliff and on the left side is all cliffline. Soalthough these are all Chamorro Land Trust Lands we cannot provide a legal access to theselands.
Administrative Director Michael Borja: So they are requesting to decline these lands to bemoved elsewhere. To approve their request to decline and move to another location.
Commissioner Pika Fejeran: I have a question about a family agreement clause they don’thave a lease but they utilizing a land use permit but they have provided the mayor’sverification indicating they have been there prior to ‘95 so they already aware that they are
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setting up the easem*nt it’s just a matter of them moving to unallocated lot there that isavailable so it’s just waiting.
Commissioner Pika Fejeran: Sorry Jhoana so you said there’s a lot right there? Actually it’sbeing covered by the bubble but it’s that lot right below is the available lot so they actuallybeen clearing the area it’s just a matter of them and us giving them the go signal that we cangive them the survey authorization to move to that given lot. From my understanding thoughthe family is if there an available assistance to grant easem*nt to this family they would like toremain there, and given if they were to go to a different area it would be the same issue noeasem*nt. Even if they were to transfer to a different location Mr. Duenas hasn’t brought thatup but if they are still going to have that issue than it’s not moving forward for them so. Ifthere’s some kind of assistance to assist them in that to open up the easem*nt.
Commissioner Pika Fejeran: You mentioned that if you decide Mr. Raymond Cruz have tomove and we’re given you that property right next door outside of easem*nt we incur cost ofrelocation?
Administrative Director Michael Borja: We can’t, the law says that if we have to move, wehave to move them at the government cost.
Commissioner Pika Fejeran: He doesn’t have a lease but because he’s a land use permitholder he’s kind of considered (inaudible).
Chairman Pascual Sablan: Have you to ever talk to Mr. Raymond Cruz?
Stephanie: Yes
Eileen (CLTC): Yes, CLTC has approached him.
Chairman Pascual Sablan: What does he want?
Jhoana (CLTC): He is aware that he’s sitting on the easem*nt. We have come out there toshow him this and we’ve indicated the easem*nt is government easem*nt and is recordedand so like I mention that once we go ahead and give him the go signal that we give him thesurvey authorization that they can utilize that property just below because it’s an available lot.It’s just the matter of them moving into that spot and us giving them the survey authorization.It’s a wooden tin home so we haven’t talked anything about cost or anything and they haven’tmentioned anything like that but they are aware that they have to move.
Chairman Pascual Sablan: They expect us CLTC to shoulder that expense of moving andall this.
Administrative Director Michael Borja: No they haven’t mention it.
Jhoana (CLTC): They haven’t.
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Commissioner Pika Fejeran: They were there prior to the recording of this easem*nt?
Administrative Director Michael Borja: Yes,
Commissioner Pika Fejeran: So it’s not really their fault right. They were there?
Administrative Director Michael Borja: What we didn’t know was the house was there untila site inspection was done after the map was done. They did not put any mark to showencumbrances the land.
Chairman Pascual Sablan: The beauty is not when they are there, you know, they givethem priority, how about if they are on the way? We will give them priority but they shouldmove?
Administrative Director Michael Borja: Oh yea, they have already accepted that I thinkyou mention that they were offered to use the land where the bubble is, the family ofRaymond Cruz there a lot right there and they are willing to go to that lot. That’s the lot weshowed them to go and I guess they said they already beginning the clearing of that land sothey can move their house.
Chairman Pascual Sablan: If they want to move if they clear the lot.
Stephanie: If they clear the access and we have access then we’ll stay.
Administrative Director Michael Borja: So you want more than that, you want the wholeeasem*nt area to be plowed right?
Stephanie: Yes. Sir it’s hard to get to there.
Commissioner Pika Fejeran: How do you get to your side you have to cross to their lot no?
Stephanie: Yes. There’s only one in the corner there on the bottom.
Commissioner Pika Fejeran: Oh, I see. Okay so then you can go right next to yourproperty.
Stephanie: It’s from the road there to the left going all the way straight down from the otherside.Administrative Director Michael Borja: See where the cursor is going up and down that’sthe access.
Chairman Pascual Sablan: Mr. Director there’s one and Duenas wants more than one.
Administrative Director Michael Borja: No, no they don’t want anymore, they want us toclear the land. The easem*nts but it’s not something... well we’ve worked with mayors orwhoever, we were actually using, we talked about it earlier, we used IBC before to help in
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that process as well but that’s really kind of not a good relations methods to do but he hadsome of that done for us as well.
Chairman Pascual Sablan: So Stephanie if that person, Mr. Cruz, were to move you stillwant a relocation?
Stephanie: No if he is able to move and open up that access so we are able to go to there,pass through there in order for us go to our property.
Chairman Pascual Sablan: If they move then it will be cleared right you can access to yourproperty?
Stephanie: It’s actually it’s not a jungle it’s from when you are coming in all the way fromwhere the roads at that actually left side there coming straight all the way in.
Chairman Pascual Sablan: So if you were to accept this you want the CLTC to clear all.
Stephanie: Yes, yes sir.
Chairman Pascual Sablan. Holy, you want asphalt?
Chairman Pascual Sablan: It’s a beautiful piece of property.
Commissioner Pika Fejeran: Have we identified any land that we can possibly move themto or we would incur the cost of clearing the land and relocating Mr. Cruz?
Jhoana (CLTC): Well they did papers already they are aware that if they are to move theyhave to incur the cost for Mr. Ray in that area that, you know, some of these areas of coursegranted there are no easem*nts so we haven’t that done to clear the easem*nt for, youknow, this applicants so even if we relocate the Duenas family to a different area it’s going tobe the same no access either.
Eileen (CLTC): A lot of our properties don’t have easem*nts.
Administrative Director Michael Borja: This is similar to all our Chamorro Land Trustproperties we have not gone to clear out properties, although the owners would like us to dothat, and in something that probably something that we should be doing, but then again it’s allmatter of funding. I think as we move forward in trying to solidify our relationship with revenueand tax and get the Memorandum of Agreement concluded then we will be able to, and thenwe can identify the property taxes from Chamorro Land Trust properties and that will addmore revenue to the Chamorro Land Trust that can be used for things like this. Now thesekinds of revenues though we will have to lease do something that we request through thebond through legislative authorization to pay for that. But you know it’s not as simple ashiring an excavator to move, there’s permitting and everything else that needs to go throughthe process as well. So the request here is to request to decline her lease land and if youagree to grant her the request to decline the lease land and move to somewhere else that
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what the request is. Now if they want to stay there and wait for the land to get clear by usthat’s prerogative too but are we going to be able to agree into this and pay for it before theend of this calendar year? No.
Commissioner Amanda Santos: Do they have a house already?
Administrative Director Michael Borja: No
Chairman Pascual Sablan: It’s a beautiful piece of property that’s my concern on yourfavor, family compound too.
Stephanie: Can I just ask you a question? If we do get granted for the easem*nt? What’sthe time frame like?
Chairman Pascual Sablan: (inaudible) we really sorry ... but I’m sure you people can becreative and come up with something that unless you want to take the risk of going andlooking for some place else.
Stephanie: So there’s no time frame then we are just going to wait until. Would you know ifthere’s any like...
Administrative Director Michael Borja: Ms. Duenas you know that, you work for ChamorroLand Trust Commission, those questions are kind of rhetorical right? I mean you knowtruthfully, honestly, have we done any of these of a regular basis the answer is no. Can weget to do something like this, as much as we would like to and we think it’s important that itshould be done, you know, realistically is it going to get done in a reasonable time that youthink. Like I said before the end of this year even within a year probably not. In the last twoyears I’ve been here have I seen it, done? In some occasions but it was approved in stancewhere equipment and activities for some other reasons are there we are able to coordinatewith those agencies to do something like that and that the kind of stuff that will take is just amailer of time when something else is occurring and we are able to take those equipmentand we’re be able to have them do the work but is there a plan no, is there a budget for it, notat all, and so it’s not a process that we can easily give you a time frame and you know that soyou know I don’t want to give you a false sense of optimism but it’s a reality we are face withright now. As the chairman said this a good piece of land and you know that it’s beautiful upthere but the access unfortunately is bad. Now are we going to be able to get Mr. Cruz tomove I think that’s more optimistic right now getting them to move out of the way so we canhave that designated easem*nt to be open so, you know, free of obstructions, humanobstructions.
Chairman Pascual Sablan: Now if you insist to move then let us know or you want to hangon to it?
Stephanie: I really wish my siblings were here unfortunately they are not here. I guess Ihave to answer for them so I guess we will just stay there, I don’t, I mean, it’s going to besomething if we move and then there’s no access again then we’re just going to wait.
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Chairman Pascual Sablan: So I guess you want to come back and tell us.
Stephanie; Yes. There’s one more thing.
Jhoana (CLTC): Ms. Duenas, she is here to do a decline of her lease land and transfer herlease to her daughter due to the fact that Mesa Duenas has obtain a private property. Shehasn’t fulfil her seven year lease based on the Section 75-114 of the Guam Code Annotatedso it is our recommendation that if the board does approve that she can transfer this lease toher daughter that her daughter will start paying her taxes right away verses the seven yearwait period that we have given the Chamorro Land Trust applicants.
Commissioner Pika Fejeran: Does she qualifies?
Stephanie and Jhoana: She qualifies.
Chairman Pascual Sablan: We need a motion for that.
Administrative Director Michael Borja: To transfer the lease.
Commissioner Pika Fejeran: Okay.
Chairman Pascual Sablan: and the time of the lease and to move.
Commissioner Pika Fejeran: I move to approve transfer the lease of Stephanie Duenas toher daughter.
Commissioner Amanda Santos: I second.
Chairman Pascual Sablan: Mr. Director, you mentioned the time of the lease?
Administrative Director Michael Borja: No, no, no. Well, just the transfer to the daughter.
Chairman Pascual Sablan: Second by Ms. Santos. Any discussion, anything? Ok. Thosein favor say, Aye.
Everyone; Aye.
Chairman Pascual Sablan: Ayes have it.
Stephanie: Thank you sir. Thank you everyone.
2. Chairman Pascual Sablan: Loan Guarantee — Amparo Guerrero
Amparo Guerrero: Good Afternoon board my name is Amparo Guerrero.
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Niko (Guam Housing): This is Amparo Guerrero she is one of our lease she is actually hereto seek the board approval for a loan guarantee in the amount of $140,000. She isprequalified for Guam Housing already and she is pending the guarantee from us for her toproceed with the loan with the Guam Housing.
Chairman Pascual Sablan: You know I was looking at this letter of Guam Housing and itsays program 6% program ROF 12% so which is which here?
Amparo: I was approved sir for 4% that’s what I’m aware off.
Niko (Guam Housing): Guam Housing has this 6%. It was from 4-6 and then there’s after 6it’s above that so it’s kind of like when they give the 6% program it will be the prevailing ratein between, you know, not greater than 6%.
Chairman Pascual Sablan: I don’t want to make it difficult but give us the formula as to howto get and stay at 4%. Any question? Nothing? Ms. Santos, Mike?
Administrative Director Michael Borja: No.
Chairman Pascual Sablan: Motion.
Commissioner Pika Fejeran: I move to approve this request for loan guarantee for$140,000 for Ms. Guerrero.
Commissioner Amanda Santos: I second that.
Chairman Pascual Sablan: No discussion. Those in favor say aye.
All: Aye.
Chairman Pascual Sablan: Ayes got it. Thank you Ms. Amparo.
Amparo: Thank you sir. Thank you all.
Administrative Director Michael Borja: We will get your documents sign as soon as it getsup to the office.
Amparo: Thank you.
3. Chairman Pascual Sablan: Next line on the agenda, Linda Perez. Hi Ms. Linda.
Linda Perez: Hafa Adai. First of all I would like to thank you for allowing me to be placed onthe agenda for giving me the opportunity to speak on the behalf of my application. I alsowant to say I’m very grateful to a new leadership of Chamorro Land Trust for being veryinstrumental in helping a lot of applicants that have been waiting forever, I see progress, I’mthankful for that. The reason why I’m here is because back in ‘95 December we had placed
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an application for Chamorro Land Trust, actually two, and one of them was the request forresidential, today I have not been entertained and it’s some managers of the Chamorro LandTrust that have also brought to my attention and I agree too that there’s severalinappropriateness in my application. There is evidence that there in an application that wasalso notarized for residential however, my father acted on my behalf because I was goingthrough college so he acted on my behalf with the Power of Attorney and he was told thatthere is no application for residential so in this whole ordeal they told him that he would just toapply, choose to settle with the Department of Agriculture so with that in mind he did, andthen years past and when I came back, switched over from residential to agriculture and thenagain 2006 switched back to agriculture so there is a lot of confusion with my file. Fortunatelyenough I was able to review my file and I did see myself that there is an application which isalso notarized. I don’t know what the problem was then other than what I’m sharing butthere’s, you know, I was told by Mrs. Margarita that there is an issue with payment on theapplication so I do have a copy of payment but I’m not sure if this applies to my agriculture ormy residential, however, I am willing to pay for the residential if that’s what the problem butagain like I said we work with different agents, I work with different agents, no one can reallytell me exactly the issues of my application mainly give me a really good fact also just theway I was handled, my case was handled going from places to places telling me this is theland you can get finally finding out that it is a private property and then the owner of theprivate property telling me you can’t be here, things like that, there’s a lot of that kind of stuffbut I’m not going to go there because it’s lengthy but I just want to say that I’m requesting forentertainment of my application for residential and whatever it takes to satisfy Chamorro LandTrust’s requirement I’ll be happy to do that.
Administrative Director Michael Borja: Now you have how many applications?
Linda Perez: Well, originally in ‘95 we had, because we were told I was allowed to apply forresidential and agriculture and so then we did. There’s two documents notarized.
Administrative Director Michael Borja: So you have residential and agricultural applicationeach and you have a lease on any of them?
Linda Perez: You know what nothing has been solidified we’re actually in the last step that’sgoing forward to the governor’s office.
Administrative Director Michael Borja: But you signed the lease?
Linda Perez: I believe that’s what it was just not too long ago.
Administrative Director Michael Borja: You signed the agriculture lease?
Linda Perez: Correct but you know, it’s whatever is pending with the governor’s office that’swhat I’m waiting for. That’s agriculture. As for as the residential I do have a copy of theapplication submitted as well same date, same notary.
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Chairman Pascual Sablan: Question is when you say agriculture lease, are you going tofarm?
Linda Perez: Of course. You know I had, I had to...
Chairman Pascual Sablan: That answer my question.
Linda Perez: Okay.
Commissioner Pika Fejeran: And your request is to move forward with your residentialapplication?
Linda Perez: Correct. Because again, like I said it was always in the file we were justmislead and we were told so many things, and fortunately enough I was able to view my file itwas also management of the Chamorro Land Trust that shared with me and confirmed thatthere is an application on file, the new management, the new leadership.
Administrative Director Michael Borja: We’ve had, I mean there was that issue previouslyduring the earlier years in which the people were told they can put in an application for oneand the other and today we don’t see anything that allows us to give two leases whether oneis agriculture or one is residential, it’s one or the other. And so in this case she has been, heragricultural lease has been fulfilled, it’s just pending the final signing from the governor’soffice which we probably be getting done shortly and as far as fulfilling the other lease andyou paid for then it probably will be something we should reimburse back but we are notentertaining two leases per person. It’s just the same as if two single people each obtain alease from the Chamorro Land Trust and they got married one is asked to relinquish thelease because it’s only one per family and in this case you know with this individual thereshould be only one per individual or family. So for the effort in trying to obtain another leasewe have not been entertaining that at all, it be fair with everyone as one per person or family.
Linda Perez: Could I interdict here if you don’t mind. The reason why I’m here and if I hadknown that I didn’t have the opportunity as I was not advise by the management, yourmanagement, I would not have been physically here wasting my time, number one, numbertwo also again like I said there was a lot of (inaudible) with my application and we were backand forth with one or the other, we were back and forth with yes, both you can, we were backand forth with you can’t have three you can only have one, that kind of stuff. Nothing wasever set in stone, nothing was ever clear to us what it is, you know, and if the process wasthis long, this is where I’m at today so rightfully so this should have been entertained a whileback. It’s not like we’re 2005, 1995, those lease then already acknowledge they wereapproved those then were given two, you know, mine was just a mess and it was not fair tome or anybody to have to endure going out with land agents, I mean, seeing place this iswhere you want, yes, we went through that a lot. I don’t think it’s fair.
Administrative Director Michael Borja: I don’t think it’s fair that I still have 7,000 otherpeople still waiting from 1995 pertaining so I will consider yourself to be kind of fortunate thatyou have a lease that we finally concluded. Although the process in which you had to endure
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is not the most pleasant nor the most steadfast and assured and that to me is not the rightthing. In the same note what happened in the earlier years, I’m not going to kick anybody onwhat had happened in the past but there were a number of errors that were made on theexisting leases we have and 1/3 of them have problems, serious problems which we’re tryingto correct which we are still trying to correct today. So you know, I’m not going to make a bigdeal about it but those are the things we have to take care off and those are the issues wehad happened back then and we’re moving forward with it and in this case, you know. I knowthat you do have some issues with the process, it’s the process we are trying to make morecorrect, I think a lot of the issues that occurred are being corrected today because of themerger of the Chamorro Land Trust and the Land Management where we understand theprocess on how to deal with the land and doing it in a more proper way and legal way and sowe are moving forward in that aspect and trying to make good to everyone that had signed upand to do it in the most fair way. We allow, I haven’t met with you until now, no one hasbrought up your affention up to me or asked or told me you wanted to see me I would havetalked to you just prior to coming down to this meeting today, I had a client that wanted tocome in and see me right away so the door is open, let’s talk so I told them I had to be out ofhere for this meeting too, we got good conversation to try to resolve the problem but youknow, your comments are well noted and the commissioners have questions too for you, theyare open to ask those things. I just want to let you know that the stuff is doing their best to tryto try to get these problems resolves on the one that exist and to try and move as manypeople through the system as possible. Part of the problem in trying to move and get asmany of these old applications to be filled is the fact that you have issues with you, heardearlier lands that’s not been registered but people are allowed to use it, land that’s not beensurveyed or people who cannot survey, on and on and on but we have taken major strides inthe last years to try to resolves a lot of those kinds of those issues to get it moving quicker sothat we get surveyors to do the job and know what they are doing and not just go out andpiecemeal it on their own to try to figure out what they had to do and in the end it turn out it’sa big mistake like this one, now that you are seeing so those are the kinds of things youknow, we trying to overcome daily because of past errors but we are trying to learn quicklyand adept to all those kind of problems from the past so we can try to not make it happenagain, moving forward. My apologize to you for the experiences that you receive it’s not agood experience whatsoever and it’s quite frustrating one that you had as so many othersand so all the other who still continue to wait. I do entertain letters and call up people whenthey leave messages and send emails to, you know with the same kind of sentiment onwhat’s going on but we try to be fair with everyone as well by making sure we don’t just thelist and we try to take care of everyone as they had signed up because those were theproblems from the past as well. You know, they were well publicized so we are not trying toshow any favoritism you know the same kind of thing where an employee who is also a clientwe can’t show favoritism towards an individual who works in the system so I make themcome to this commission to express their sentiment because that’s the right thing. I want tomake sure that those kinds of things are transparent and no one can accuse us of trying to dothings in-house and favoritism. Okay?
Linda Perez: Again like I said, I’m grateful. I am extremely grateful I just want to addressthis issue and it’s because this application has been since 1995 I have been doing follow up Iunderstand everybody have their own predicament I’m not disputing anything to that effect
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but its jus that I’ve been waiting this long and I have been told so many different stories andnow, you know this is what one of your agent told me, a manager, told me let’s get this doneand we will entertain the other one. That’s what I was told.
Administrative Director Michael Borja: Recently?
Linda Perez: Ahh I would say the last year. So another manager not too long ago I wouldsay a couple months ago before the board that’s why I’m here I’ve taken the time outbecause there’s hope. There’s management entertaining my case and I’m here and I’m toldthis. I took off from work just to settle this so I’m before how many people behind me and Ididn’t have to expose myself this way, but you know what if it meant this way, then that’s whyI’m here.
Commissioner Pika Fejeran: I completely understand your frustration I’m very sorry thatyou’ve gone through this but like the director mentioned, a lot of what we are doing today isfixing what’s happened in the past and unfortunately you were a victim of that.
Linda Perez: Let me ask you this question, I’m not trying to be difficult here but I just wantanswers. When was this decision made that now you can’t have more than two, really?
Commissioner Pika Fejeran: More than one.
Linda Perez: More than one sorry. Because the law been allowed for it to happen.
Commissioner Pika Fejeran: I’ve always been in understanding that it’s one lease, can befor one person or per family. I mean they did allow you to fill out two applications andnotarize.
Commissioner Amanda Santos: We don’t allow two applications only one.
Commissioner Pika Fejeran: Like the director said you are one of the fortunate ones thatactually have the lease that you sign and it’s not waiting to be signed by the governor. It isfor the agricultural property and I assume you are happy with that property since you signedthe lease and it’s my understanding that you can also live on that same property. So youknow I mean.
Linda Perez: I’m just sorry that I wasted...
Administrative Director Michael Borja: No you didn’t waste. Your time is wasted.
Linda Perez: I’m sorry for myself that my time is wasted when I would have been, if I wouldhave been told properly by your management that I didn’t have to be here because this is anavenue for me to..
Administrative Director Michael Borja: My predecessor when he took the office I think heimmediately found reason why several people had to go quickly because there were things
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going on that were not right and my time, there were couple more, so you know we weretrying to make sure that everyone is doing the right thing and when I don’t see the right thingbeing done you know, I take those kinds of personnel matters very seriously and to try toavoid these kinds of issues where somebody tells you one thing and or shows you somethingelse and tells you something out in the field that is not true or correct. So coming to theboard is a great thing because, you know you enlightening us with the sentiment of not justyou, you are expressing the sentiment of those who are have gone through it and manymore, who are still waiting and that the problem we have is try to move that group quickly andthat’s the kind of stuff we trying to work on right now, and we’ve gone through, like I said themajor hurdles we’re trying to get to a point where we think we are able to move faster. It’sjust we need a couple of big steps to do it and we will be able to start issuing out lots of landsas you saw in the earlier lease. The problem too is now you got this land but there’s no wayto get to it or if you can get to it you know, lo and behold when you find out how much it’sgoing to cost to hook up your power and water.
Linda Perez: Well thank you for letting me speak and if later it changes again please call me.
Administrative Director Michael Borja: Sure, sure. Our land is not limitless and that’s theproblem, how do we make it last so that our grandchildren will have the opportunity as well.Because 99 years is a long, long time.
4. Veronica Camacho: Buenas dias. I’m here today to hopefully get the approval foragriculture property. This is Francis Bias, his my first cousin, his my beneficiary for theproperties because I’m too old to follow through the years to continue farming. Mr. Borja hasproposal based on my initial application of two acres but I guess it depends on how he(inaudible) it and what the department... (interrupted)
John Gumataotao (CLTC): Ms. Camacho’s application is dated December 1995 herapplication for agricultural lease of government land. Our minimum acres we provide eachapplicant is half acre so anything above a half acre must get a Chamorro Land TrustCommission approval.
Administrative Director Michael Borja: Correction now needs legislative approval.
John Gumataotao (CLTC): and legislative approval. So Ms. Camacho’s requesting for twoacres to farm and we’re recommending that we can provide her one acre of farmable landwith the option of increasing, requesting CLTC to provide additional acres to move additionalrequest of two acres maybe about a year or two years after compliance. So basically theCLTC’s decision whether or not to go forward with Ms. Camacho’s two acres or ourrecommendation of one acre and then additional acres after compliance.
Commissioner Pika Fejeran: Mr. Director you just mentioned that even if we approve oneor two acres she still would need legislative approval?
Administrative Director Michael Borja: Right. The recent legislation that became publiclaw required the, gave the definition of subsistence agricultural and commercial agriculture
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and they said we can do up to half acre agriculture and anything above that requireslegislative approval.
Chairman Pascual Sablan: Are you aware of that?
Administrative Director Michael Borja: This public law went into effect a year ago I can’trecall right off top of my head it was a definition correction in the public law and the law gotchanged to state that ... well, the law always says that subsistence agricultural is defined ashalf an acre, and anything above that is commercial agriculture and so it got added in thatwould be required legislative approval for anything above half an acre. I don’t think that’sgoing to be an issue if the Chamorro Land Trust commissioners approve that it comes withthe farm plan I don’t find that to be a potential hindrance it’s just that it’s the extra step that wehave to go through so I don’t want to dash your hopes here all of a sudden that you have toget legislative approval but it is the requirement so you know pending their decision, if theiragreeable to that and we do the proper documentation you know, what we’ve done in thepast commissioners is usually for folks who are asking for 5-10 acres of land we start off witha smaller part with them to see how it goes and then reserve the other part for a laterpending inspections and give them a time to get the farm moving along. But the one otherthing too is the requirement to be identified to be a bona fide farmer according to theDepartment of Agriculture. Have you guys gone through the whole process with theDepartment of Agriculture and the University of Guam, Guam Extension Program? Are youaware of any of those things?
Francis Camacho: No I’m not aware. I have not gone through that process.
Administrative Director Michael Borja: Those are some of things too that are in thesystem because it’s not that we want to put more mandates on you that you have to do as afarmer but those are the things where they actually present to you some very, very importantfarming aspects. You know, right now there’s the northern and southern pro conservationgroup, these people can provide you with all kinds of assistance for farming, to show youways to use the land in a more productive way to set up wind, wind breaks so your plantsdon’t get tumble over like in a wind we are getting right now. Those are the kind of things thatwill be requirements that you would have to look at and get with your plan, those would bereally, really helpful in pushing into getting anything above the half acre that has to beapprove by the legislature so I just wanted to pointed out those things because those are thesome of the things we try to do with the different other organizations who want to assistpeople who want to farm. They want more people to farm the land that they want to makesure they succeed. So these are the issues that they have to hope that you would succeed.Just like even in the water conservation, how can you water without having to bring in a waterpipe showing you and helping you with water collection processes like collecting the rainwater and having a basin to do that. So those are the kinds of things that they would show;insect group, protection from insects, things like that so they are really helpful so you have asuccessful farm. Last thing you want to have is your crops affected by things that could havebeen prevented. Were you guys looking to plant produce or are you looking to do trees?
Francis Camacho: Trees and produce and whatever else we can raise.
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Administrative Director Michael Borja: See they can even show you the kinds of trees thatthey would recommend that maybe even fruit produces that can be wind breaker and whereto put those kind of trees where the predominant winds are, where the distractive windsusually come from so the wind destruction and prevent soil erosion and that kind of stuff.
Francis Camacho: That’s the process it has to go through legislature to approve?
Administrative Director Michael Borja: That’s what the new public law says and I canhave that provided to you a copy of that public law but it was passed that, I think, in the last,when this legislative body so probably last calendar year and it does define what is requiredfor anything above a half an acre now, and that’s the legislative.., like I said I don’t see that tobe a hindrance, it’s just a step we have to go through, but if you have your stuff together withthe things I just finish mentioning you will do it because a farmer, the success of a farmer is,you know.
Francis Camacho: You know we all grew up like that since young, that’s how we grew upoff the land we didn’t, you know. Our parents followed that, right.
Administrative Director Michael Borja: It’s in your heart and you got that touch.
Francis Camacho: One of the main thing first is she seem, the other lady who was here,she applied since 1995, all that stuff so how come you did not make this process just goforward and what we need to make it go forward. We don’t want to wait another ten years,you might die, I might die. I don’t know.
Administrative Director Michael Borja: Well you are prime and ready for a lease, it shouldhave already considered, but you know, for asking for something larger right now... have youbeen taking care, you know, even 2-3 years ago, I don’t think this would have been an issuebut it has come up now and that’s the reason why we.
Francis Camacho: Would it be saying she can get a half an acre, we would have to gothrough that, would it be better to just get that and then move forward to the property?
Administrative Director Michael Borja: What we would have to do is help you identify theland that let’s say you eventually want a two acres right. You look for a portion of land and tryto reserve the other acre and half so that in the even you are ready to expand out and we getthe legislative approval and see that might even be a great step to go because if you proveand you grow eggplant and watermelon and whatever you are going to plant then you knowthat would be a good justification to say let’s move on to a wider, larger lot and two acres isnot (inaudible) farm. Half acre is kind of like, you know, hot pepper (inaudible) and so if youreally surely trying to produce something more than just your own consumables.Francis Camacho: I like to get there, you know everything get imported so we have a lot ofland we can’t use.
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Administrative Director Michael Borja: There a big move to do this kind of stuff like Farmto the Table we got folks here who are really proponents of that (inaudible) and it’s a goodthing so there are people out there that want to help and this is what they live for so I wouldtake advantage of those services as much as possible. Seek it out. Margarita, let’s help himout by getting the names of those agencies, the Department of Agriculture, UOG extensionprogram and the soil conservation folks and those groups of people there to really give you ahand because the last thing you want to do is wasting a financial energy on things that youcould just collect from (inaudible). They even talk about composting stuff so that you canmake your own fertilizers without putting chemicals into the ground. Those are veryimportant elements to the kind of recycle and all that. If you want to move into the next halfacre, the first half acre we will work on trying to identify a place.
Veronica Camacho: Anything that can be done (inaudible) to indicate that’s process point 5acre to whatever board for an additional acre you know if that...?
Administrative Director Michael Borja: Well we can do a motion if the commissionerswant they can move that we agree to eventually be issued a two acres but start off with firsthalf acre and but then we go through the process to seek legislative approval for the largerland as long as you go through the process of going through those agencies that are there tohelp you as well.
Veronica Camacho: As long as the property is right there?
Administrative Director Michael Borja: Right and that’s what we’ll do so we’ll hold twoacres and issue half.
Veronica Camacho: Oh great!
Administrative Director Michael Borja: But we have to find it. As you heard sometimesfinding the right place.
Francis Camacho: No rocks.
Administrative Director Michael Borja: Where do you live?
Veronica Camacho: Yigo
Chairman Pascual Sablan: They don’t have a lease yet for half acre?
Administrative Director Michael Borja: No but they applied in December 1995 so they areready to be (inaudible) and they are asking for two acres.
Veronica Camacho: They offered us a half acre but we wanted to proceed with one or twoso that would better ideas to start with .5.
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Administrative Director Michael Borja: I mentioned that we reserve a two acre lot issuehalf acre and the issuance of the other acre and half will be based on the demonstratedactivity (inaudible) creation of a farm plan counseling from those agencies that supportfarmers’ efforts so that they have the credentials and then they go to the legislature. Andthen you know from this point because I also have to watch the legislative calendar I would,for a case like this, introduce any kind of bills in the legislature at this point because if itdoesn’t get passed by the end of legislative session it sits and die and we have to start allover again and I rather do something to begin in 2017 or somewhere in that point becausethat’s the way the law is done.
Veronica Camacho: How much do we have before us before we proceed to the next step,you know, I mean? Is there a limit in time?
Commissioner Pika Fejeran: Can we give them 18 months and if you are not ready to movein to the other acre and half right next door then we can lease it out to somebody else?
Administrative Director Michael Borja: 2 years
Chairman Pascual Sabian: One thing if we encumber it we cannot lease it out.
Commissioner Pika Fejeran: Until the 2 years is up? Maybe we just encumbering it for 2years or 18 months or? So she has to come back to us within 12 months.
Chairman Pascual Sablan: Okay.
Commissioner Pika Fejeran: I move the motion to provide Ms. Veronica Bias Camacho alocation, her lease will be for the allowed half acre but the location should be in an areawhere there is adjacent one and half other acres that we will hold for one month from theissuance of the lease, I mean I’m sorry, one year from the issuance of the lease and withinthat year you can get going and then come back to us and then we can start the ball roilingfor the legislative approval to increase your land.
Veronica Camacho: Thank you
Chairman Pascual Sablan: Mrs. Santos further discussion or anything. Okay, then those infavor say aye.Everyone: Aye
Administrative Director Michael Borja: Okay, just work with John please and then thoseagencies John just make sure they get the point of contact to go talk to these people, yourpackage is packed with all that information that you’ve gotten from them and how you applyfor the farmland and they will help you with farming. It will make your transition.
Veronica Camacho: Thank you.
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5. Administrative Director Michael Borja The next line in the Agenda is Bill no. 362-33.We will take this at the end.
Zita Pangelinan: Is there a way we can be heard only because I have real urgent.
Administrative Director Michael Borja: GPA are you willing to yield to let her go first?
GPA representative: We don’t mind.
Administrative Director Michael Borja: Okay so there. So what we have here is Bill no.362 which is to designate lands in Mangilao, lnarajan as biodiversity conservation easem*ntsfor Hatdin Amot Chamorro and the Bill is attached to this worksheet, both Bills are attached,and basically what it does it’s taking a section the law that defines the process for allocationof lands for the Amot and it actually increases the size of the property and it identifies whereit’s going to be before it was one acre they identified as one acre in the South, one acre in theNorth but this now is taking roughly around 15 acres in Inarajan and 33 acres in Mangilaoand creating it into conservation easem*nt for purpose of this. The Haya Foundation is anon-profit organization has designated this Bill to consult with the Chamorro Land Trust toestablish criteria, application and operational procedures for the AmotChamorro. In therecommendations I listed here I stated in Item no. 1 that each parcel of the identified propertyshould be encircled by the interior buffer zone no less 10 feet and no wider than 30 feet forthe purpose of protecting from encroachments of neighboring lots and the buffer zone may beused as a perimeter trail for the erection of the fence line and other demarcation so you canprotect the area, you know, it gives the option of what they want to do. No. 2 Any and allcriteria and procedures shall be approved by resolution by the CLTC board ofcommissioners. In the Bill it stating there will be a creation of a operational procedures and Irecommend that the Bill states that those procedures should be approved by the ChamorroLand Trust Board of Commissioners and that the CLTC shall be the issuer of the any parcelsused by the applicant so we hold the leases or licenses or whatever it is that needs to bedone at this particular case and that these leases and if applicable licenses shouldn’t betransferable assigned or subleased and that’s pretty much what the law says already for anykind of leases and licenses that they are not transferable, assignable. So if you don’t haveany comments on this, so whatever comments you have in this Bill it will be important so wecan put that as far as our testimony for when this Bill comes before the legislature for a publichearing and other wise do not see any reason why you know I think it’s a good Bill it does thejob for one, I think it provides a lot more lands than what we thought and it also taking part inMangilao the beginning that conservation easem*nt we talked about where we’re trying to gofrom Fidian all the way up to Anderson take all that lime stone forest area that’s on the firsthigh plateau and it got all the limestone forest area and creating a strip of green land, greenspace that will stay that way forever but it can still be used for other things just can’tdeveloped. Present here is Hesita Pangelinan and others, I think there were other folks whowere interested, are you Mr. Duenas? You’re the one I spoke to? Okay good. And he hadexpressed interest to after this Bill is introduced and without your knowledge he called me upabout how we can help with doing the Amot Farm and stuff too and I told him about this Billand I told him about this meeting and that it would be best if he could come and expresseshis opinion of the matter as well so Mr. Chairman back to you.
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Chairman Pascual Sablan: I vividly recall that in the law says that I think maximum is about4,000 square meters.
Administrative Director Michael Borja: Right, an acre.
Chairman Pascual Sablan: Which is two acres right?
Administrative Director Michael Borja: No one acre.
Chairman Pascual Sablan: okay, that right, If you look in Inarajan we’re talking about 81 or61 thousand square meters.
Administrative Director Michael Borja: Right, that’s that this law, this Bill is doing is goingto change that law. This bill changes the size of those lots. It was one acre to the South andone acre to the North and this bill says, you know because one acre is not big enough to doanything close to this so what this bill does and it got a number of sponsors on here and Ibelieve you and the Speaker have been a proponent of this from the onset she’s the one thatintroduced this change in the law before in the first place so basically there amending it toincrease the size of the space and identify the specific land to use and for me I think this isthe best thing to do, you know, to have it done by the legislation because it definitely does,we would have to do it by legislation anyway, and these guys have identified places and sowe’ve been talking with the Haya Foundation also and I think she’s mentioned the area aswell.Chairman Pascual Sablan: You’re talking also?
Administrative Director Michael Borja: Well Zita Panglinan from Haya Foundation hasbeen here in previous meetings to talk to us about the need for the lands and area inInarajan.
Zita Pangelinan: If I may I can also provide an update, is that okay?
Chairman Pascual Sablan: We may also put a language on this Bill for the Lagu notnecessary this size. I think you have the amount already but.
Administrative Director Michael Borja: Well, we haven’t done anything for this land but.
Chairman Pascual Sablan: I’m talking about Lagu.
Administrative Director Michael Borja: To create another area?
Chairman Pascual Sablan: No, no size wise. Not size wise too but be more flexible.
Zita Pangelinan: I might be able to provide an update.
Chairman Pascual Sablan: Zita is Haya, Dededo is Lagu.
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Zita Pangelinan: Oh no Haya Foundation is not speaking just to the South, it’s moreunderstanding of Haya Foundation and the word, the term is “live off the land”. That’s thedefinition of Haya. So it’s not limited to a geographical location.
Chairman Pascual Sablan: Is it a coincidence that.
Zita Pangelinan: Haya is separate definition as we know it. It means from myunderstanding is ‘we’re the people of the land” so that’s our understanding of the definition.But if you will Mr. Chair I would like to give you an update since our meeting from the lastsession here if that’s okay.Chairman Pascual Sablan: You know, I’m a typical Chamorro but when you say mapuslagu means mapus America, you know. That means America dangalu much much biggerthan Guam. Now you are saying haya is another definition?
Zita Pangelinan: eji masanagan as mastudia es te ma sa ba masa nga.... It means awayfrom or for it so we’ve also been enlightened in this whole process just as we’ve beenenlighten about the term saruhanu and saruhana is Spanish for surgeon and that’s why wego back to igu hamti which means healing so, I know we’re leaming a lot we are beingenlightened in this whole process. I would like to also share since our last meeting Mr. Chairif that’s okay our updates and what’s going on if that’s okay?
Chairman Pascual Sablan: Well I just want to make sure that because I don’t know howwe’re going to take it if for example the Lagu Saganamud would come to your place and startdoing something.
Zita Pangelinan: We collaborate sir. We collaborate with everybody.Melvin Duenas: I’m a Chamorro teacher, bilingual, and hita is more united but digging intothe root.
Chairman Pascual Sablan: Haji
Melvin Duenas: Duenas, taotao nalajan
Zita Pangelinan: Mr. Chair, members of the Commission, and Mr. Borja. Thank you verymuch for the opportunity I just wanted to come and share in terms of the evolution of Sill 362-33 shortly after our meeting I followed up and asked the next steps because we’ve been veryconscious about following through to ensure that we can move forward in terms of the leaseand guidance of Mr. Borja, you know, he said why don’t you start talking to the senators andget support because eventually it will have go through legislation and as a result after themeetings I actually presented before. I went and visited different senators, Speaker Won Pat,Senator Muna Barnes, and Senator Tom Ada and which they then requested this to presentat three different public hearings and so we’ve been through quite a few public hearingswe’ve been through quite a few meeting sharing about Haya Foundation and our efforts andsince our last meeting we are happy to report to you that we have achieve a lot moreaccomplishments, or achieved more resolutions that were adopted in 2012 one opening the
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first Guma Hajon Hamti and Guma (inaudible) so that opens on May 22 in subsequent tomy last meeting me. In addition, I sewed as the chair for the Festpac traditional healing artsand as a result they were 13 countries represented and we have not established PacificIndigenous Healers Concussion which is now is now we have a network throughout thePacific of all these healers and are now wanting to share our resources and assist in all thework that we doing. Our outreach has been rather extensive we’ve been getting a lot of callsour numbers, clients are growing and Auntie Frances, our healer here has been very busyhealing, as a matter of fact she has to postpone today because we’re trying to be here and Iknow this meeting is very important and there’s a lot more and in addition we have submittedthis proposal and I presented a copy with regards to the property and in Inarajan which is forecotourism and sustainable development program to put to the legislature and I presented tothe your office and so all this the plan has been in the works and there’s a lot of activity,there’s a lot of interest and desire and in meeting with Senator Tom Ada I think they got realexcited too and rather than wait for the resolution and approval from the Chamorro LandTrust they immediately went ahead and drafted the legislation and so we’ve been indiscussion, there are several concern in terms of the Bill because it does not specificallyspeak about the lease so I brought that up to Senator Ada’s office and so I been assured thatthrough the process of the hearings that the amendments can be made to the bill so that itwill meet the needs of everyone concern but there are also concern they have wait until weget the lease approved by you in order to move this forward. So it’s kind of like.
Administrative Director Michael Borja: They are waiting for the lease?
Zita Pangelinan: Well we need to get an approval for a lease. They went through theMinutes of the last meeting and in which they share they saw and the support by thecommission member so I guess I’m here today just basically to ask if all possible that thesupport come in terms of a resolution or approval for these properties, lease properties toHaya Foundation.Commissioner Pika Fejeran: Thank you. Ms. Pangelinan this is very exciting. I rememberwhen you came and you showed us your video and you’ve done a lot since then so that’swonderful. In reading this and I think what Mr. Chairman was saying is in the legislation itnames your foundation, right, specifically to work with us to establish the criteria applicationand operational procedures for Hatdin Chamorro. I think Mr. Chairman correct me if I’mwrong but you’re concern is you’re one group, right, we don’t know who else is out there thatmay also want to participate in this Hatdin Amot Chamorro and if they are not part of yourgroup where does that leave them and I think that’s where the commission comes in becausethat’s when we issue out the leases. The legislation is not saying okay these are bothproperties for you to use exclusively it is saying that you are, I agree, you are the foremostorganization to work with to develop these perimeters and criterias and procedures so that’smy read of it.
Zita Pangelinan: Which is the concern I brought up to the Senator this August because, youknow, and this is why we had the developed all these plans with the interest of developing aneco-tourism and sustainable but not to, and our efforts are, I don’t want to say exclusiveeither cause we’re always engaging and inviting and so when I brought that up the first part of
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the bill says you know Haya Foundation shall access and then there’s no mention of thelease and so but they can’t move because there is no lease to speak off.
Commissioner Pika Fejeran: What was that, the Haya Foundation and to allow?
Zita Pangelinan: The first part of the section says, for Haya Foundation to have access andto do all these things.
Commissioner Pika Fejeran: Director, these are your recommendations on what toincorporate into the Bill? These four items?
Administrative Director Michael Borja: Right. I’m don’t speak specifically either about theHaya Foundation I think that we’re we need to go there, if it was mentioned specifically here,there is no issue there either but I mean what we have is there’s mention is there going to beworking with us to help develop this criteria on the use of the land which I think you alreadygot it.
Zita Pangelinan: Yea, and that’s why..
Administrative Director Michael Borja: So it’s a matter of taking that plan and concurringwith it and implementing it as a plan but then how do we move on with the land and in thesigning who’s to use what, could it be we block off certain groups use certain parts or it’sused collectively because you don’t want 4 or 5 different groups growing the same plants indifferent places whereas it best be grown in one place and then Haya Foundation overallmanagement of the process with other users. Those are kind of details that we’re not sure ifit’s not described here we really haven’t set down to describe how that’s going to be done ifthere are others out there, if you are going to be the umbrella looking after all these othersand everyone gets a booth in the mall kind of thing but our concern is we take this land andthat’s what this Bill is talking about and then we make sure this land is protected and whatkind of protection is there now and who’s the lease going to go to. I mean, if it’s with you wehave to work that out and the bill kind of gives authorization to help do that in a roundaboutway, it does, because there is no real true language that says it’s not an agricultural leaseand it’s not a residential lease and it’s not a commercial lease so what is it and so maybe thatwhat needs to be more defined here is that there a special lease that’s created specifically forHatdin Amot Chamorro and that’s what would be then what we use.
Zita Pangelinan: I guess the concern was that our process was moving forward and thenthis lease just came up and it wasn’t because the lease wasn’t approved yet. The draftlegislation was developed and so that kind of impacted us because we were really excitedabout coming here and hoping to we would have request for approval of lease after all thework we’ve done.
Legal Counsel Kristan Finney: Are you trying to lease the property? I mean that’s not whatthe Bill says. I didn’t know if that’s’ what the intension.
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Zita Pangelinan: We came and we applied. We come to Chamorro Land Trust to apply forthe lease and then subsequent in trying to get the legislative approval or support of our effortand to prepare because we understood that legislation needed to happen cause we neededto do the ground work and lo and behold this legislation came and so.
Legal Counsel Kristan Finney: So I guess I’m trying to understand so are you trying tolease the property or cause it seems like there’s a different intent here which is that youwould work in collaboration with Chamorro Land Trust to figure out who. It talks aboutindividual leases in these parcels it doesn’t talk about leasing this entire lot but that’s whatyou want to do? This is very different from what you got here.
Zita Pangelinan: Our intent was to come in and lease but our idea and the concept that wepresented before you all was the ideas of also getting the community also involve. Gettingpeople to come and plan and be part of this whole effort because of the dire need toperpetuate our traditional healing practice by no means are we going to, you know, there’sjust a few of us and it is our hope in terms of the resolutions adopted at the first Amotconference is that we will engage more people to come out and farm and to do you know thispieces of property so it’s not that we’re looking to exclusively utilizing the entire propertythat’s not the intent. First intent protect the property do not and the conditional plans that existthere. Secondly, is we need to perpetuate and to plan and to do food as medicine and theecotourism but in this whole process we’re engaging the community, we’re inviting. I just metMr. Duenas today and it’s like you know this is not exclusive Haya this is our (inaudible).
Administrative Director Michael Borja: I can see the vision of what you’re trying to getZita, I see those pictures in your booklet but how do we codify, how do we get it so that it’s inlanguage that survives us because you might have a non-profit organization but you know noteverything lives forever either so even the organization may not survive at some point, sowhat happens then we won’t survive some of these things, either so what’s the legacy ofwhat’s going to happen, how is that put into a lease or something.
Legal Counsel Kristan Finney: That’s what I’m saying it looks like there’s two differentconcept that are kind of out there, what are these concepts is that these guys would lease theproperty from the Chamorro Land Trust with the intent that leasing to them and they would beable to do these things that they are proposing. The other thing which is what’s in the bill isthat Chamorro Land Trust would lease out these individual parcels and they are differentconcepts because one of them is leasing the whole piece.
Administrative Director Michael Borja: And what we don’t want to do is subdivide it out.How do you do something like this, this may be a typical kind of thing we need to do so is itperhaps a license agreement or should it be a lease where would they be allowed to havesome license abilities to allow some others to come in and use it so there’s a control overwho comes in and uses the land.
Legal Counsel Kristan Finney: So if they lease the property then again that could be partof the agreement that they are leasing the property from the Chamorro Land Trust with theauthorization to sublease it out do whatever it is they are proposing here. Again, this bill is
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really different from that because it doesn’t talk about leasing a property to them it talks aboutChamorro Land Trust having the property and in consultation with them deciding who tolease it out.
Administrative Director Michael Borja: And that’s what’s missing in this bill, that’s the...
Zita Pangelinan: And I think the two things that happened here is one that Senator TomAda’s office, and I don’t want to speak, but in the discussion thereafter when I saw the bill theconcern was they are in support of our efforts but in terms of they can’t dictate of whatbelongs to Chamorro Land Trust in terms of what they do with the lease. Secondly, I thinkthey were trying to maneuver or to take the original law with that Hatdin Chamorro law andthey were trying to amend it to kind of make it workable so those are the two things that thenevolved into these legislation which is.
Administrative Director Michael Borja: I think we are kind of the same note, it’s just wehave to lay out the outline I think where we want to go and how do we want to identify theHaya Foundation as the designee to become the lessee eventually and express it in this billor do we want to describe in more general terms that we will then be leasing to an organized,certified, nonprofit organization and qualifications of certain levels and applicants are invitedto apply. Then they would come in and say here we meet the criteria and we agree and theyget the lease and then how long that lease term is for and things like that. See this is where Ihave some issues too because it says that are supposed to help us create this guidelines.
Zita Pangelinan: I think that was in the original law and you folks were in charge of thatresponsibility.
Administrative Director Michael Borja: We were supposed to put a commission to talkabout two acres of land and I found that really very faucal.
Zita Pangelinan: And that was from the original law and that is why they were trying toamend it and that was the verbiage that stayed.
Commissioner Pika Fejeran: But they named you specifically (interrupted)
Zita Pangelinan: To access that property and to do the work that we are doing and to also.Kind of, we not trying to be complicated, we just want to move forward.
Administrative Director Michael Borja: It’s just a good thing it’s still a bill so we can basesome ideas on what to do. I guess, what I need from you commissioners whether or not youhave a general concurrence with the bills is with the ideas that maybe there would be someadditional information that need to be added to talks specifically about how or who gets thelease and then we corporate that into testimony to have added to the bill so it’s more specificand that kind of detail can be worked off line between us and trying to get this thing donequickly.
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Chairman Pascual Sablan: First of all we should maintain the control of the steering wheel.This is a Chamorro Land Trust so we should maintain that control, if this bill is going to takethat away from us then that would be haywire because my concern is again, the NorthernHatdin Chamorro is limited only and it doesn’t show in the bill that would give us the flexibilityto increase too while they have half of Guam on the Mangilao side even though it’s going tobe (inaudible)
Administrative Director Michael Borja: In that other farm over there that’s privateagricultural lease and she converted it into a farm. And so it’s not part of this whole process itwas originally it was just another person who had the same interest and got the agriculturallease to do it. There could be other lands that should be designated down in Aruna but Imean there could be other lands in the future that might be designated different geographical,geological places I think we were talking about earlier some place that you need beach forsome kind of plants. So we have (inaudible) that might have beach front that is secluded itcould be designated to that as well. What we are trying to talk about too this whole area,where we don’t want any other kind of development, we want to preserve the plant growth inthere, the wild plant growth that’s existing in the limestone forest. Now in Inarajan that’s thedifferent story.
Commissioner Amanda Santos: It would benefit the Chamorro people nowadays arehaving a lot of sickness.
Administrative Director Michael Borja: Well Mr. Duenas if you have a chance to tell astory.
Chairman Pascual Sablan: I support the organization of this program whole heartedly but Iwant the Chamorro Land Trust to get all control of the steering wheel, we cannot just turnthem loose.
Administrative Director Michael Borja: Well, it still belongs to the Chamorro Land Trustit’s just how it’s designated to be used is what this bill is doing. It that it designate the landsto be biodiversity, it still belongs to Chamorro Land Trust.
Commissioner Pika Fejeran: But then it does go further it says the legislature intends toauthorize and allow the Chamorro Land Trust to skip down to the next, allow the HayaFoundation access to (inaudible) so there is already saying their intention is (inaudible). Thatthey would be the ones on that property.
Legal Counsel Kristan Finney: Actually it doesn’t say that they would be on the property itsays that for somebody to lease some of this property they have to be eligible for ChamorroLand Trust lease and be a member of registered nonprofit.
Commissioner Pika Fejeran: I see that down there but about above Section II?
Zita Pangelinan: It’s conflicting in the legislation.
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Administrative Director Michael Borja: Above Section II. No that’s not part of the law,that’s the findings, their intent. The Section Ills the part that amend the law that says what itis that you can’t do.
Legal Counsel Kristan Finney: There’s nothing in here that specifically give them access.As far as its talk about you have to have a lease.
Zita Pangelinan: It’s not that we have to I mean that’s not our original intent was.
Legal Counsel Kristan Finney: What I mean is they wouldn’t be able to enter into a leasewith you without approval from the legislature because it doesn’t fit in the other perimeters.So to say that you have to go to (inaudible) how are they going to lease without approval?
Commissioner Pika Fejeran: They should have amended Saruhana and Saruhano just tobe (inaudible).
Zita Pangelinan: Like I said they were working on the original bill and I didn’t see it when itwas introduced.
Commissioner Pika Fejeran: Ms. Finney, so this bill goes through as written we would stillhave to go through the legislature before we issue a lease.
Legal Counsel Kristan Finney: That’s not what I’m saying. I’m saying of this bill were to gothrough it doesn’t change the original law is that you could lease particular parcels it justincreases the size of it and it fits these additional restrictions but to quality to use the parcelthere has to be an individual that’s eligible for a lease and it also has to meet requirements.It’s a different approach then leasing out a piece of land to these guys and saying, we’releasing it for these purposes and you set up whatever perimeters you want in that lease andsublease it out or whatever the terms of their lease are.
Administrative Director Michael Borja: What I recommend is if you guys concur with therecommendations I gave that would be put into a testimony for the bill and then whateverlanguage we think might be necessary to discuss the lease or a lease process or somethinglike that, that we still hope to develop that. Having said that we can say all we want aboutwhat we would like to see and the bill can go to the floor for a vote and what comes out is adifferent sausage so we’re going to deal with what we got in the end. But I don’t think this isgoing to be the one that’s going to be cultured too crazy but I think what the legislature wouldlike to hear from us too is what can we do to make this a better bill that gives more definitionto the things that we need to do to define a process so we can make it better for all the users.There may be still little bit of discussion that we can do offline one on one to try to find a wayto talk about how this is done if you guys would like to get together. I don’t know when this isgoing to be called before a public hearing but chances are most likely before the next boardmeeting.
Zita Pangelinan: Senator Ada was saying sometime in September.
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Administrative Director Michael Borja: I imagine before the next legislative session.
Commissioner Pika Fejeran: I think we should meet offline and maybe even invite theSenator, the main author of the bill we can all sit down and hash out the final details.
Administrative Director Michael Borja: That sounds good you guys want to say anything.Are we okay about trying to find offline meeting?
Zita Pangelinan: Sure, yea we are in a predicament right now with what just occurred so. Interms of the confusion with the legislation.
Administrative Director Michael Borja: I don’t mean for this to be harsh but one of thethings I have to be careful is suddenly there is legislation that talks about somebody’s input orrelationship with the trust and we going to look forward down the line to try to do a lease Ihave to watch out that there’s. We don’t enter into a lease for example and suddenly a publiclaw comes out and alters what we were supposed to be doing and then we got to back trackand fix it and get it done the first time.
Administrative Director Michael Borja: Mr. Duenas do you have any comments?
Melvin Duenas: I’m not part of the Haya Foundation, Mr. Chair, I just want to take thisopportunity to share a little bit from my perspective. My name is Melvin Duenas, grassrootsfrom lnarajan, and originally we did have a lease from my father 120 acres in Inarajan that werelinquished back to the Chamorro Land Trust. We used it for almost 50 years when mybrother died, he was the director for the Revenue and Tax but I was the one who kind of carewas taker of the area. My interest here is I was trained in naturopathy in Malaysia, Indonesia,in the Philippines and also in the states integrating our local and this is my burden not only toplant and provide for the people but to teach so I was invited to Saipan, Tinian, Rota to doseminars on what plants to use, how to use it, and what’s the benefit and when to use it forwhat reason. I held different seminars in different villages there’s thousand registered inTalofofo gymnasium. I just did one last Sunday for Mama where 12 pillars of the communityintently listen, they all have ailment. I did one in Barrigada and have schedule in Inarajan,Merizo, Umatac on my second round. I have been doing this since 2008 it is my burden tothe people of Guam not only trying this methods but to be given alternative on this process ofhealing. I was diagnose as liver, only 10% of my liver was working and I had diabetesleaking gut with different symptoms. They wanted me to go to chemotherapy and radiation,they gave me only a month anything over 7 is considers high on the enzymes of the livermine was 2,000,280 counts. But I treated all with amotChamorro and they could find any, myenzymes is okay and no more diabetes and this kind of thing so it’s just my burden to givewhat I received so I’m little bit nervous and excited at the same time. My application for thiswas since 2007 I did a complete power presentation right here if you want to look at it. I wasjust kind of asking all of the 120 acres of my parents relinquish back, at lease 4-5 acres it wasapproved with Monte management back then but with all the ramification somethinghappened and I was showed this property, that property then at the end was disapproved.Now I have to reapply and had to go to legislature so I cannot just fade away and continue todo this naturopathy on my own but when I heard of this presentation I felt I have to be heard
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because I like to go to even the news to be able to present his in my case. But I would like tobe considered in this area I just delivered two different Chamorro medicine jus this after noonbut again I’m not trying to overshadow anything I’m just asking to be reconsider at this pointalso in this area of amot Chamorro and so my guess is if it go to the legislature I would like tohave a presentation to have what kind of ailment and have those people involve whatmethods are you going to use and how you going to use it and what doze are you going touse and what it is used for and give an example of a worst case scenario of lupus or aids orany ailment and give 21 days to make a total healing to see a lab result and whoever reallyhave some result can be given an opportunity to share with our Chamorro people in a biggerscale. Everything I do is free and I left everything behind just for this burden so that’s why Ilike to, maybe I need to revisit my application that was denied but maybe I can get counselfrom you Mr. Sablan. I did speak to Mr. Administrative Director Michael Borja one to one onthis but he said maybe it’s a good idea to just sit in this. So originally I signed in as a publiccomment but I was allowed in this situation.
Chairman Pascual Sablan: Thank you Mr. Duenas I hope everything turns alright on you.Frances, you have anything to say.
Frances: No Mr. Duenas. All I’m asking a lift le bit of land can you give us authorization toplant for medicine plants a lot of the plants are dying last month I was looking for somemedicine plants (katma tasi) I found some in Anderson it’s good thing I have access to go into Anderson. I didn’t go to somebody elses’s ranch but there’s a lot of medicine plants thatare available. What are you going to use the Katma tasifor? For inside of your body whenit’s hot and you feel like you’re going to faint you take the leaf and you soak it and then youdry it out then after you remove the leaves and you drink it, you can also use it for your heartbut it could taste bitter. They can go and look for lot of plants but they needs hands onbecause there’s a lot of plants that look alike.
Chairman Pascual Sablan: Do you ever see nigas that lives in other places other than nearthe ocean?
Melvin Duenas: I just want to counsel where do I go about in this area and 30 years of leaseis all I’m asking and within a few years monitor the situation, I have been doing this intenselyand the mayor’s office know this as a matter of fact they, when they first heard Zita’s namethrough Doris Flores in Inarajan. Originally I’m from Inarajan I gave up military andgovernment services 100% to try to share what the Chamorro medicine did to me for the myunderstanding with the Chamorro medicine. It’s not only the healing that will break if youkeep drinking beer and smoking. You want total healing, total reformation in the body is aprocess it’s not just over night and sometimes 21-days is a good timing to see a good result.I want to continue this is not only to plant the Chamorro medicine but a place, a center toheal, a place to a treatment plan, a greenhouse and everything. And to be able to bring thepeople to house there in total treatment within 10 days.
Chairman Pascual Sablan: Did you apply already?
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Melvin Duenas: Yes I did and Mr. Monte said it’s a green light but for some reason. Mr., is itokay if I make a follow up?
Administrative Director Michael Borja: Yes. We will be looking at your file.
Chairman Pascual Sablan: Thank you everybody.
6. Chairman Pascual Sablan: I guess we have to go to Bill no. 360-33 & 361-33.
Administrative Director Michael Borja: Right. These are the SPA Bills and we had acouple of bills attached to in a village of Talofofo is a substation and a piece of land behindthat substation which they want to acquire and they’re due diligence to look over the land,they also discovered that they didn’t have the ownership of the land the substation existedand because these are two different properties they has to be a separate bills for each onebut they both will come in together. The issue we have there’s lot 427 which is substationbecause they were transferred to SPA it is nonregistered piece of property just about threequarters of an acre. Bill 361 they also want to have that piece of land be able to install anenergy storage system and battery system (inaudible) by the existing solar farm down inInarajan and Malojloj. Again that’s also an unregistered piece of property that is portion of amuch larger piece of property that is also an unregistered. These areas of land by the wayalso refer to as a taki biju. The recommendation is that the bills should include the CPAresponsible for the survey of the land and to create the land registration survey map and inBill 361 SPA is responsible to survey the entire lot and getting it registered prior tosubdividing it into a portion needed to this bill, SPA in item no. 3 is responsible for obtainingthe necessary appraisals to determine the fair market value and then both bills must include areversionary clause that the properties must be used within a 6 year period or is returnedback to the Chamorro Land Trust Commission. A resolution from the commission to thelegislature will be necessary, the items should be included in the language of the bill showingconcurrence in this body just also point out that two recent bills that have been enacted topublic law for the Guam Waterworks Authority which is govern by the same commission asthe Guam Power Authority, actually three bills for lands transferred over to them and theserecommendation I listed were all noted in those bills and were enacted into law as well. Thereason for the reversionary clause is to ensure no land is taking out of the Chamorro LandTrust inventory and never use or used in purposes other than what they were used intendedto be used for and whether they are paid for or not and that’s just to protect the inventory ofthe land trust. These are two bills and Guam Power Authority is present and has been verypatient in this entire meeting to come forward and discuss anything that they want to discussall these things.
Chairman Pascual Sablan: Can we ask the lady and the gentleman to identify themselvesplease.
John Cruz (GPA): I’m John Cruz I’m the manager of the Strategic Planning and OperationResearch group of the Guam Power Authority and our project have (inaudible) storage.
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Loraine Shirohara: My name is Loraine Shirohara and I’m the Special Projects Engineerassigned to the Energy Storage System.
Antonio Gumataotao: Hafa Adal. I’m Antonio Gumataotao, I work with engineering,supervisor.
Chairman Pascual Sablan: Thank you folks. I believe Mr. Director the consensus of thesecommission is on recommendation D that there should be a compensation with CLTC.
Administrative Director Michael Borja: Right and that’s what this is also saying. I think thecompensation is in there in the discussion already in the bill but what was dropped out wasthe reversionary clause in Item no. 3. In Item no. 2 that you mention they really have to, whatthey are asking for is a small part which is really a part of a bigger part and it’s in register soin order to even portion it out they have to register the entire lot and then they can portion itout and to define it like this is fine so they can do it and it will give a reason for the approval ofthe survey map downstream and then the appraisal can’t be done until that period anywaybut in the meantime what we would be able to provide to them is also the grant of access tothe lands so they can begin to use the lands after the enactment of the law.
Chairman Pascual Sablan: And what does GPA have to say?
John Cruz (GPA): I think we are accepting that we are going to be responsible for thesurveys and that we will be responsible to paying the appraisal for the lot and agree to the180 days it would take in concert with the Chamorro Land Trust to come up with the deal interms of a what the compensation to the CLTC.
Administrative Director Michael Borja: And the 180 days was originally in template thatwe use with the Guam Wateiworks Authority in determining what would be the best way tocompensate it could be a number of different ways but again it all depends to on yourcommissioners and what they decide to do and what they agree to do. But again we have avariety of options we can look at, land transfer, in-kind services, and things like that oroutright payment of the land so that’s (inaudible) the option of whatever agreement but withina 180 days to create (inaudible).
Legal Counsel Kristan K. Finney: What about the registering the land? You hadmentioned that you are agreeable to the other things but I’m just wondering about the landregistration.
John Cruz (GPA): So from what I understand yes it’s parcel, the parcel behind thesubstation that’s going through the land registration process already and if the.
Legal Counsel Kristan Finney: I’m sorry which lot?
Margarita (DLM): They got both unregistered 427 and 420.
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John Cruz (GPA): So the parcel that where the substation exist today we will go in and goto the land registration process.
Legal Counsel Kristan Finney: Which?
Margarita (DLM): Which is the 427. Then they need additional land right behind it 421,which is again, unregistered.
John Cruz (GPA) so for bill 360-33 we will do the land registration process it will go throughthe usual process. The land is already surveyed we just go through the motions ofregistering the property with the courts.
Legal Counsel Kristan Finney: But not for the other one?
John Cruz (GPA): I believe because we are only requesting half acre portions.
Administrative Director Michael Borja: But the problem there is that in the landregistration process you can’t just register a portion of some unregistered property the entirelot has to be registered of course and you cannot subdivide it out a portion out of a piece ofproperty out of a track of land that hasn’t been registered until that whole land has beensurveyed out then you going to survey it out and you can portion it out but you can’t you stillwon’t have it without registering it.
John Cruz (GPA): So we will have it registered first and have the subdivision portion andregister that.
Administrative Director Michael Borja: But we have already agreed that that portion whichis defined in this sketches which you guys provided, that’s not going to change so we alreadyknow the size of the land, we already know those things so that’s a given but down steamwhen you do the land registration survey map then after that’s agreed then you wouldprobably do another map which portion it out and then you still have another survey mapsthat you still trying to get done to because then you are going to consolidate to so you canhave one general piece of property so you can do both your activities, you’re adjoining thetwo lots. So those are multiple steps way down steam but in order to portion out your sectionof 421 you going to need to first make sure the entire lot had been registered to take it out.That’s just the way the land registration works.
Margarita (DLM): There’s a land registration map already and that was done several yearsago. That’s going to be one of the next lot that are going into the petitions.
Legal Counsel Kristan Finney: The thing with this lot 421 though is there are a lot ofoccupants. I mean it’s pretty big piece of property.
Margarita (DLM): We provided a listing already to Andrew and I think has already completedand should be forwarded to you.
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Administrative Director Michael Borja: In the land registration process the belly buttons ofevery adjacent and land owner and in the case here the squatters who are sitting on the landor the users of the land have to be touched not mailed, touched and so it’s a lot of bellybuttons. That’s the part that takes the longest but we have process servers here that canassist with that as well so we will be in it with you guys to help out because we have a vestedinterest in this too as a Chamorro Land Trust so we will be there help out in those aspectsand we do, Kristan Finney as the assistant Attorney General deals with the land issues aswell as the land registration so we will be part of the package to help out in all of this, but youknow it’s something that you needed, and again this is not something that we ask just of youGuam Waterworks took it upon themselves to offer all up to us in the beginning. But it’s agood standard for us to move forward because it’s in their interest to get something that theyneed and it’s in our interest to get it all done the right way the first time.
John Cruz (GPA): And it benefits all and we are thankful that you are taking the time to helpus out, a much needed asset in order to be able to take all of that increment to the energyand to help have a better power system. So we thank you for all of that.
Administrative Director Michael Borja: I’m just wondering how did that get missed.
John Cruz (GPA): No It didn’t get missed, we made a mid-correction in terms of where thesighting is and some new information came up in terms of their ability to be able to curtain theunits they are working on that, but it’s been in the plan to create those batteries and to helpwith the interim agencies.
Commissioner Pika Fejeran: I make the motion to approve the resolution with therecommendation to approve the recommendation listed with both those. I make a motion toapprove the recommendations listed for the land transfer to Guam Power Authority of thosenumber 361-33 and 360-33. The recommendations listed and the agenda 134 and additionto a granted access the 421 parcel for GPA’s access. And that should be all be put on aResolution to the Guam Legislature.
Commissioner Amanda Santos: I second that.
Chairman Pascual Sablan: Second. Discussion? I think we said it all, right? Okay. Thosein favor say aye.
Everyone: Aye.
Chairman Pascual Sablan: Ladies and Gentlemen thank you.
7. Administrative Director Michael Borja: The next thing on the agenda is the GuamEducational Financing Foundation has an amendment to a ground lease that Chamorro LandTrust to sign. What it is, is I met with the people from Oric yesterday and what it is, is there’sa change in who to sign, there’s a signer name U.S. National Bank because of the change infinancing for this funding of the schools. On the issues that we have is also to discuss alease that is between the Guam Education Financing Foundation and Department of
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Education which we didn’t have but they have since provided to us and we wanted to be surethat lease doesn’t talk about other things that are detrimental to the Chamorro Land Trust.So present here is Niko from GEDA and he have some comments to make on this but we willneed to do is again a resolution at the end to approve this amendment and then we have acopies for the chairman to sign and we’ll get it notarized. Kristan, do you have any commentson that?
Legal Counsel Kristan Finney: The other thing is that there’s also an assignmentagreement that is what the commission, with expressing and approving and I don’t know if.
Administrative Director Michael Borja: If they’ve seen the assignment agreement. Yesthat’s what was in your package.
Chairman Pascual Sablan: I have a question here too. Under rental Section 3 the GroundLessee shall pay to the Ground Lessor as and for rental hereunder the sum of One Dollar($1.00), per second, per minute, per day?
Legal Counsel Kristan Finney: That’s not part of the lease that’s being changed.
Chairman Pascual Sablan: How much are they leasing it from us, for $1.00 for 30 days?
Administrative Director Michael Borja: That was the legislative transaction to transfer itover for the purpose of building these four schools and it was just a dollar. Chamorro LandTrust doesn’t get anything out of it because it’s for the benefit of the community by buildingthese schools.
Chairman Pascual Sablan: But if you look at the demographic of the DOE populationthere’s more 50% non-Chamorro and this is Chamorro land right? Am I being racist?
Administrative Director Michael Borja: Niko would like to talk about this process.
Niko (GEDA): What we’re asking today for you Mr. Chairman is to endorse the firstamendment to the ground lease which was originally dated September 1, 2006, thisamendment what we did was we went out to the market earlier this summer, I believe August4, we were able to successfully refund in 2008 and 2006 the certificates which funded theschools and the Okudo as well. We did get savings the rates were a lot lower than we didback then so this is mainly just the straight forward refunding for tons of savings for thegovernment of Guam. So we ended up successful in refunding it. The original rates we hadback in 2008 was at 6.53% and with this financing for 2016 we were able to get it down to3.27% so it’s almost fully half of that. It seems the debt service from what used to be $7million per year to about $4.7 million now. And the amendment there are two name changesI do want to bring up is the first is the new trustee for this certificates it used to be WellsFargo now it’s the U.S. National Bank this is one name change and the other change is justthe referencing of the original 2006 and 2008 lease and it is now referencing the 2016 in thisnew release based on this certificate.
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Chairman Pascual Sablan: So actually it is refinancing and interest rates going down?
Niko (GEDA): Correct.
Chairman Pascual Sablan: How much savings are we talking about?Niko (GEDA): It was about $3.7 million dollars.
Chairman Pascual Sablan: For the entire duration of the contract? Is that also affectingyour commission?
Niko (GEDA): With GEDA. I’m not too sure how they update that. But the savings is moreto transfer on to the government.Chairman Pascual Sablan: I think they are charging up 13% no?
Administrative Director Michael Borja: We are not getting charge.
Chairman Pascual Sablan: This is in-kind?
Niko (GEDA): I think the 13% is for project management.
Legal Counsel Kristan Finney: This is simply different thing. This is completely differentfrom that.
Chairman Pascual Sablan: Thank you.
Commissioner Pika Fejeran: This first amendment, it’s just adding on Sections to thisoriginal lease.
Niko (GEDA): just noted it now reference the 2016 certificates.
Commissioner Pika Fejeran: I see
Administrative Director Michael Borja: This one only deals only with the schools that werecreated Okudo, Adacao, Astumbo and Liguan. So when they built all those schools not longago it was under one big umbrella bond and they were able to refinance rates. So all it is thetechnicality of changing the names of the signer and the trustee.
Niko (GEDA): Without extending the original term.
Administrative Director Michael Borja: What we need to have a resolution agreeing toendorse this amendment and that’s all it is and then I’ll type up the resolution that says youcan sign the amendment.
Commissioner Pika Fejeran: I make a motion to approve the resolution approving this firstamendment to the ground lease.
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Commissioner Amanda Santos: I second.
Administrative Director Michael Borja: we’ll hold it and have it notarize tomorrow.
Niko (GEDA): Thank you.
Chairman Pascual Sablan: the motion was made and second by Mrs. Santos, those infavor say aye.
Everyone: Aye
8. Administrative Director Michael Borja: If I can go real quick to the last item of no. 10 ofthe agenda (REP development for the commercial properties) We are approaching the 60days period for the approval of the three Lots on August 23 that we approved for commercialuse and at the time we can begin to entertain ideas and concept to the use those lands. Thefirst set of lands that we really want to try to move on is the one in Vigo for the housingcommunity. There’s a lot of work that needs to really go in finding the developer and all that.This thing will include the Micronesian community. This is just an idea of the kind of thingsthat we can look at it and moving forward for getting the developer to do something in ourlands and you can see they can take advantage of a lot of USDA available funds and lowinterest loans. What I’m looking in trying to do is to be able go and issue out after the 60-dayperiod is gone and are advise that we can request for information so that we can getperspective developers to give us some ideas and talk about what it means to be brought upin REP, what needs to be discussed in creating this RFP. The reason to do it publicly likethat is to ensure that these individuals, if I just call them individually, someone can challengeand say, look I wrote the REP for this company right and if they can get disqualified frombeing permitted to bid so if we do it publicly we have more coming in for discussion they cangive us some ideas what we need to do to create RFP. In going so far as creating RFP wealso we have to look to whose going to do the RFP for us as well. There are only certainorganization that can technically do that and we want to make sure it’s done the right way.Chamorro Land Trust is still going through the challenge to the REP and GEDA did so youknow we don’t want to entangle with those kind of controversies we want something to besuccessful. The thought here is we are going to move on this and I’ll keep you up to speedon what those are all about.
Chairman Pascual Sablan: I was reading that I suggest you don’t get involve in the detailand let the developer do all the work and just present it to us.
Administrative Director Michael Borja: Well that’s exactly it but we have to write up makesure the RFP includes the number of things and you know there are things in here that maynot be part of it. The developer would have to do it on their own and find the source offunding to do it. They going to have to do this kinds of things but it just enlightened us to theideas that things can be done out there by the developers out there for us we also want tomake sure. They can write the conveyance of the neighborhood for us because we basicallycontrol how we want that neighborhood to run.
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VII. DIRECTOR’S REPORT
Administrative Director Michael Borja: What we also have here is the Financial Reportshowing you with the profit and loss is what it basically said. This is how we spent the moneyso far and what we received and what has been paid out in salaries and supplies and otherthings. In the Balance Sheet what I want you to see here is the thing called Other Assets dueto/from General Fund, the $1.3 millon that’s the money that that is still owed to CLTC thatwas taken out. If you see this is only good up to June ‘16 why not July because Departmentof Administration has not updated their books to July yet. Then what you have as well on thisone print out is the AS400 transaction list of how the monies have been taken and put backin. This is what I was talking about that with this information we will have a discussion againon why DOA has not informed us. If you desire we do a resolution to the legislature wecreate a lock box on the funds and don’t have it touched.
Commissioner Pika Fejeran: Can I see the aging summary?
Joseph Cruz (CLTC): GasB 13 tells the government local or state govemment that anyleases with the escalation in rent should be accounted for in certain way, you will see ourreceivables and deferred income increase all the way to GasB 13. We created a customercalled Gas B 13 only because if we recorded under the P1CC or the Raceway or GTA it mightcreate distortion or outstanding in regards to actual receipt. So we put Gas B 13 only.
Commissioner Pika Fejeran: You have to account for it separately?
Joseph Cruz (CLTC): We can put it under GICC but then it’s going to read GICC’sreceivable as $140 some thousand.
Commissioner Pika Fejeran: I don’t think I understand that.
Administrative Director Michael Borja: If you look there a $116,000 in the GasB 13 andyou see there’s negative $33,000, $95,000 almost $96,000, negative $30,000 almost $31,000you add all that up and it’s almost $116,000 so it offsets each other but the reason we had todo that again Joey was because these numbers mean what?
Joey (CLTC): The GasB 13 is just your accounting for the escalation of the rent throughoutthe lease.
Commissioner Pika Fejeran: So it’s what we are expecting to get in the future.
Joey (CLTC): As the lease term goes further it’ll increase to a peak and it will start todecrease so at the end of the lease term it will zero out.
Administrative Director Michael Borja: Joey can you also explain as well on the SorensonBroadcasting what adjustment we are going to see.
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VIII. COMMISSIONER’S COMMENTS
Joey (CLTC): You see a credit memo to the Sorenson only because in the past they wereinvoicing Sorenson at $1 090.05 which I believe the actual rent was $897 point something sothe $192 should have been credited to the receivable but that was not the case in the past sowe had to go back.
Administrative Director Michael Borja: Sorenson had a big account receivable, there wasan agreement they were paying us over time to settle that past due and the $800 was thestandard rental payment and $300 was to pay the past due they were being incorrectlyinvoiced for $1,100. They should have been invoice for $800 and $300 would have gone topay off the receivable. Because of the accounting here occurred over a number of years wecan adjust the previous years so the adjustment is going to be made this year and will showan odd adjustment which will be justifiable and documentation for the auditor when thatcomes about. Then on top we had just giving the approval by the Public Auditor to issue anRFP to engage in another three year contract for another three year set of audits. Theauditors that audit the last three years their contract had expired and now we need to engagein another three year contract. Afaisen, they had a big account receivable as well for the pastdue and they paid off their account.
Commissioner Pika Fejeran: What are we doing with the over 90 days owe?
Administrative Director Michael Borja: We have to continue to invoice the GuamResource and Recovery Partners because that has not been sorted out. We told them theygone into default. They said okay. We said with accordance with the law we had to offer youa hearing and they said okay we accept and now we have to come with the hearing officerand go to that process but at the meantime we have to continue to accumulate until that’sdone and we have zero if it becomes notified.
Commissioner Pika Fejeran: Is there an agreement in the Country Club for their payment?
Administrative Director Michael Borja: Well we are going to work with them in the 60-90days the $2,000 shortage in the payment for some reason we will be on top of them butremember the 1-30 we give them 0 days once we issue it.
Administrative Director Michael Borja: In the United States Postal Service we realize thatmay have period in time in which their leases lapse they decided they didn’t want to renewtheir contract that was kind of something going on with the U.S. Postal Service. Theycontinue to operate those facilities and then they came back and say we want to do this. Andit was really interesting because that’s how I knew somebody was not Intune with what washappening because someone from Guam — Hawaii (inaudible) where is this coming from andthe other person said we did it so just live with it. So there’s this period of time in which webelieve they should have been paying for so we just have to go back and address that to letthem know you need to pay for that gap.
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Commissioner Pika Fejeran: I have a question on the revenue question. There’s a couplepeople here that have two different application does that mean they are applying foragriculture and residential? Mimi is twice, Ana Marie. Is it $50 for both residence, andagriculture, one application? Why are we getting two applications? Because if we allowpeople to apply for both residential and agriculture (interrupted).
Legal Counsel Kristan Finney: If we had more time I was trying to see what applying in therules and the law and actually and the restriction is on you can only have one house so aperson can actually can have a residential and agricultural lease but they can only have onehouse. As far as I can tell that’s just a quick reading in it. What people might have beenthinking (inaudible) on having two leases. I think they can as long as (inaudible). I’ll find outand send the Section, I think it’s in a rule. If they have a house on the agriculture then theyhave to give us the residential.
Commissioner Pika Fejeran: if they have a private property with the house they can’t haveanother house.
Legal Counsel Kristan Finney: Actually, if it’s a residential property that has to be theirprimary residence. There’s no restriction they can own other property but they can’t theyhave to be residing (inaudible) there’s whole bunch of rules in how they have to be using it.And then for the agriculture they have to be (interrupted)
I kind of sort of briefly look at that so I will send the (inaudible).
Note: Mr. Daniel Babauta was moved to this spot from the new business, represented byLydia (CLTC)
Administrative Director Michael Borja: Do we want to talk about Daniel Babauta on thelease. Request for survey authorization section. The only reason I ask to be on the agendais this is like his third time that he has failed to do his survey and it would be better if he ishere to face on what’s going on. Is there a reason why he’s not able to do them?
Lydia (CLTC): He is an employee of DCC and he’s working 12-hours a day and so thereforewhen he’s off the few surveyors that he is able to contact have tumed him down and havetold him they do not do surveys for Chamorro Land Trust applicants. So after he explained tome the reason and I checked with my supervisor, Matt Leon Guerrero, he had suggested thatI give a couple names and I did and I spoke to him and gave him the names of the surveyorsand he was able to talk to one Mr. Castro who said he is more than willing to take on hiscase. He just needs the survey authorization before he can sign the contract.
Administrative Director Michael Borja: Now I recall why I asked for you to come here notso much because of the individual not performance but because that’s the issue we’ve hadwith the surveyors. They don’t really want to do the work for CLTC because it’s this kind oflow piece of land here. The land is part of a large parcel that they have to survey the entirething just to come up with the tiny little lot and that’s become very expensive on their part aswell. So the push is to try and move to try and get the survey to be done in mass.
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Legal Counsel Kristan Finney: I understand from the survey from our friends also if theChamorro Land Trust can do the survey then we have control over the survey because youare the client not the lessee. I think that’s what you want when you are doing the survey it’sjust the matter.
Administrative Director Michael Borja: The surveyors want to do it that way we want to beable to control it that way as well. It would probably be cheaper so I’ll be moving forward intrying to ensure the legislature gets that money into the budget if not we will ask for separateappropriation. But as far as Mr. Babauta I probably authorize the other survey authorizationagain it’s just I wanted you to know why he’s not this issue and it’s not really their fault butthis is what the applicants are facing in trying to get their survey.
Commissioner Pika Fejeran: I have some of the commissioner’s comment I was asking tomove forward. In the next one I was asking about in our working session the MOU with theUSDA asking to maybe put this on our next meeting agenda so we can talk to them and seewhat they are offering. They are wanting to set up MOU with CLTC where we would shareinformation about our agriculture lessees and they would be able go to them directly andwork with them and help them in their agricultural endeavor. Is this something we would liketo entertain?
Administrative Director Michael Borja: I think for the rights of the agricultural lessee itwould be something we would tell them rather than giving them a list of governmentagencies. But we can talk about it USDA comes in all different forms. It’s incredible whatthey do come up with but you know the next step is they going to be policing our conservationeasem*nts for us whether we want them to or not. That’s why we have to be careful in thatprocess, but yes we will work on it on the next agenda.
Commissioner Pika Fejeran: I completely see your point them because we have to givethem our contact information on the existing agricultural leases.
Administrative Director Michael Borja: It’s privacy stuff and they may not want to beentertain but we can tell give us the stuff you want us to mail to them and we’ll mail it to them.The next one I wanted to bring up is working sessions for our budget and also our visioningand strategic plan. Chairman you mentioned from our last meeting back in June coming upwith our short and long term goals for the CLTC and think that is still on we’ve heard almostevery case today was people coming forward saying right this wrong or fix what happenedbefore so it could have been our interest and in the mission of the CLTC address to actuallyset some time aside and get everything out on the table so we can start coming up with theplan to address these issues rather on a case by case basis like when they are brought up tous. Working session.
Chairman Pascual Sablan: I would like you to bring it to here so we can discuss and go onrecord but our hands are tight like today. I think this is the longest meeting we ever had right.
Commissioner Pika Fejeran: Right.
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Administrative Director Michael Borja: What we can do is sit down so we discuss whatsome of the stuff that we wanted to work first and create that stuff for you then we bring it upat the meeting cause no decision should be made in working sessions. You can brainstorm.
Commissioner Pika Fejeran: I can come up with outline or template for the workingsession.
Commissioner Amanda Santos: Meeting adjourned. Pika second. All say Aye.
IX. ADJOURNMENT
Commissioner Pascual Sablan moved to adjourn the meeting. Commissioner AmandaSantos seconded the motion. Meeting adjourned at 5:05 pm.
Transcribed by: Ruth Sakuma, Administrative Assistant:
______________________________
Approved by Board motion in meeting of:
____________________
Michael J.B. Borja, Administrative Pin or:
_________________
Date:
__________
Pascual Sablan, Chairman: .-• Date: *‘o/zo //
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C’CHAMORRO LAND TRUST COMMISSIoN
Board of Commissioners MeetingSerfl
OC-\Q\3C’ç Q0, 2.0V0
JERRY DAVID SANCHEZ — REQUEST APPROVAL FOR ADDITIONAL ACREAGE (1-ACRE) FROM
ADJOINING LOTS THAT ARE UNOCCUPIED AND UNDEVELOPED. REASONS FOR REQUEST ARE
THAT PORTIONS OF EXISTING LOT HAVE CORAL OUTCROPS THAT DO NOT LEND IT TO
TILLLING AND ALSO WOULD LIKE TO EXPAND HIS AGRICUTURAL OPERATIONS.
1. FACTS:
a. Location: Municipality of Dededo
b. Lot Size/Lease Type: 1,858± s.m., Agricultural Lease
c. Lease Instrument Number: Note: Survey on process by Frank Castro.
d. Field Description: Flat
2. CHRONOLOGICAL FACTS:
a. Agricultural Application Date and Time: December 1, 1995, at 10:30 a.m., Numerical Designation
0000426
b. Agricultural Application Date and Time: January 9, 1996, at 3:13 a.m., Numerical Designation
0003073
c. January 9,1996: Paid CLTC Processing Fee $50.00
d. May 7, 1997: Applicant was interviewed by CLTC staff
e. May 23, 2005: Authorization to Initiate Survey portion of Lot 402-Ru, one-half (.50) acre, Talafofo,
Guam.
f. May 24, 2005: Notice of Intent to Award (“NOIA”), a portion of Lot 402-Ru, Municipality of
Talafofo containing an area of not more than one-half (.50) acre.
g. February 15, 2006: Notice of Intent to Award (“NOIA”), portion of Lot 421, Municipality of Talafofo,
one-half (.50) acre.
h. February 15, 2006: Authorization to Initiate Survey portion of Lot 421, one-half (.50) acre, Talafofo,
Guam.
i. February 23, 2006: Decline of Municipality Award. Portion of Lot 421, Talafofo.
j. February 2008: 60-DAYS AUTHORIZATION TO INTIATE PARCEL SURVEY. Portion of Lot 421,
Talafofo.
k. February 21, 2008: Approval of application for power, water, telephone and building permits.
Portion of Lot 421, Talafofo.
I. 2011: 60-DAYS AUTHORIZATIN TO INITIATE PARCEL SURVEY. Portion of Lot 421, Talafofo.
GLENN EAY 1
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m. October 28, 2011: Agriculture Lease between Chamorro Land Trust Commission (Lessor) and Jerry
David Sanchez (Lessee). A portion of Lot 421, Talafofo containing an area of not more than one-half
(.50) acre. Note: Applicant did not sign lease agreement.
n. October 28, 2011: Approval of application for power, water, telephone and building permits.
Portion of Lot 421, Talafofo.
o. December 15, 2015: Agriculture Interview (Farming & proposed Residential Unit)
p. January 05, 2016: Inspection Report, Tract 1021, Block 1A, Lot 4-1, Dededo, Guam.
q. March 18, 2016: 2 Decline of Municipality Award. Portion of Lot 421, Talafofo.
r. March 18, 2016: 60-DAYS Authorization to Initiate Parcel Certification Survey for Lot 4-1, Block TA,
Tract 1021, Dededo, Guam.
s. September 6, 2016: 60-DAYS Authorization to Initiate Parcel Certification Survey for Lot 4-1 Block
1A, Tract 1021, Dededo, Guam.
t. August 18, 2016: Request for additional acreage from adjoining lots, Submission of Farm Plan.
STAFF ANALYSIS:
Field inspection conducted on 9/12/2016, 8:30 a.m., confirms approximately 10% of leased
property has farming activity such as bananas and betel nut trees. According to Mr. Sanchez via-
telephone, he’s not able to till the remaining property (already cleared) based on existing lot has
coral outcrops that do not lend it for tilling and farming. Site inspection confirms Mr. Sanchez
claims.
Recommend: Compost soil is well-suited to agriculture.
Note: Mr. Sanchez is not a bona fide farmer.
GLENN EAY 2
/1’.
August 18, 2016
t
TO: Chairman Pascual SablanAdministrative Director Michael BorjaChamorro Land Trust Commission
FR: Jerry David Sanchez
Subject: Request for additional acreage from adjoining lotsSubmission of Farm Plan
&
1
I am an existing agricultural lessee of Chamorro Land Trust property in Dededo, my leaseis on Lot 4-1, Block 1-A Tract 1021 approximately ‘/ acre.
My farming operation and farm plan has necessitated a request for additional acreagefrom adjoining lots that are unoccupied and undev&o9ed. These lots are Lot 4-2, Block 1-A andLot 4-7, Block 1-A, both in Tract 1021 and both approximately 34 acre each. The increase inacreage is an additional 1-acre total. An inspection of my existing farm is welcomed.
The reasons for my request are: portions of my existing lot have coral outcrops that donot lend it to tilling and farming and my farm plans include an expansion of my agriculturaloperations.
I have attached my updated farm plan to this request letter.
\IAy
I
‘1
rr David Sanchez7w- .-
__.w — -
e
•1
-A
OJERRY DAVID SANCHEZPROPOSED FARM PLAN
OBJECTJVE(S)r TO DEVELOP A PRODUCTIVE AND SUSTAINABLE FARM OPERATION.r TO REDUCE POTENTIAL NEGATIVE IMPACTS TO SOIL. WATER. AIR,
PLANTS. ANIMALS AND HUMANS.p TO BE EDUCATED AS A FARMER IN PRODUCTIVE AND RESPECTIVE
FARMING PRACTICES TAKING ADVANTAGE OF EDUCATIONAL PROGRAMSPROVIDED BY THE UNIVERSITY OF GUAM’S COLLEGE OF AGRICULTUREAND LIFE SCIENCES PROGRAMS AND THE DEPARTMENT Ofa*gRICULTURE’S AGRICULTURAL DEVELOPMENT SERVICES.
HEADQUARTERS AREA: APPROXIMATELY 12x12 feetr TO BE USED AS A STORAGE YARD FOR LARGE EQUIPMENTr BUILDING TO BE USED TO STORE SMALL EQUIPMENT.
TO BE USED TO PROCESS AND STORE HARVESTED CROPS.- TO BE USED AS A REST AREA.
FIELD NO. I - CASH CROPS SEZE OF AREA: APPROXIMATELY 1% ACRESr THIS FIELD WILL BE USED TO PLANT COMMON CASH CROPS:
TOMATOES. EGGPLANT. PEPPER. CUCUMBER. LONG BEANS AND DRAGONFRUIT.
p CROPS WILL BE PLANTED IN THE APPROPRIATE SOIL TYPE IN THE AREA.TRADITIONAL AND CONVENTIONAL FARMING METHODS WILL BE USED:PLOWING. TILLING. MULCHING AND COMPOSTING.
r A WATER IRRIGATION SYSTEM WILL BE INSTALLED DEPENDING ON THEAVAILABILTY OF GWA WATER.
FIELD NO.2- FRUIT CROPS SIZE OF AREA: APPROXEMATELY 1¼ ACRESr THIS FIELD WILL BE USED TO PLANT FRUIT TREES: MANGO. BELIMBINES.
AVOCADO. BANANA. PAPAYA. SOURSOP. LAGUANA, CALAMANSI. VARIOUSTYPE OF CITRUS CROPS AND POSSIBLY COCONUTS CONSIDERING THE RHINOBEETLE PROBLEM.
TREES WILL BE PLANTED IN THE APPROPRIATE SOIL TYPE IN THE AREA.r A WATER IRRIGATION SYSTEM WILL BE INSTALLED DEPENDING ON THE
AVAILABILITY OF GWA WATER. .. (
FIELD NO.3- LIVESTOCK SIZE OF AREA: APPROXIMATELY 1¼ ACRESr CHICKENS AND PIGS WILL BE RAISED FOR SUBSISTENCE FOLLOWING
ENVIRONMENTAL RULES AND REGULATIONS AND LAW.A’- STRUCTURES FOR CONFINEMENT OF LIVESTOCK WILL BE CONSTRUCTED
WITH APPROPRIATE PERMITS.- LIVESTOCK WASTE WILL BE CONFINED ACCORDING TO EPA RULES AND
REGULATIONS AND DISPOSED OF APPROPRIATELY.r PIG WASTE AND CHICKEN WASTE WILL BE RECYCLED FOR FERTILIZER.
ID
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CHAMORRO LAND TRUST COMMISSIONBoard of Commissioners Meeting
Oc4&oe,r o,1_Ok’o
Renewal of Memorandum of Understanding between GEDA and CLTC for General
Consultancy and Property Management Services
1. FINDINGS:
a. GEDA and CLTC engaged in a Memorandum of Understanding approved by theGovernor on April 24, 2013. MQU is now subject to the first renewal.
b. Attached is a copy of the approved MOU.c. CLTC Board of Commissioners need to determine if they will renew the MOU as it is
or to end it and create a new MOU.ci. New MOU can be a modification of existing MOU with modification in areas marked in
red.
2. RECOMMENDATIONS:
a. End existing MOU and enter a new MOU with proposed modifications:(1) “l.a.”: CLTC can manage its own leases and prepare its own billings.(2) “1 bY: Commercial rules and regulations are enacted. This section is not needed.(3) “1 c.’: Budget analysis not needed.(4) “5.a.”: Payment of services amount needs evaluation.(5) “6.”: Payment remittance not necessary if CLTC is manages its own leases and
billings.
3. EXHIBIT: MOU dated April24, 2013.
CHAMORRO LAND TRUST COMMISSIONGEDA—CLTCMOU 1
To:
From:
C
Administrator
Subject:
Hafa Adai!
Renewal of Memorandum of Understanding between GEDA and CLTC for GeneralConsultancy and Property Management Services
Pursuant to the Memorandum of Understanding (MOU) between the Guam Economic DevelopmentAuthority (GEDA) and the Chamorro Land Trust Commission (CLTC) approved by the Governor onApril 24. 2013, GEDA is to provide general consultancy and property management services to assist theCLTC in managing properties for the development and/or leasing of Chamono Homelands designated forcommercial uses. lii addition, and as provided for in the agreement, GEDA has assisted the Commissionin the development of its draft rules and regulations for such commercial leasing of properties which waseventually passed into Public Law 33-95 in November 2015. Tn following with the spirit and intent of theMOU, GEDA does hereby give formal notice of its desire to renew this agreement with the Commissionas provided for in Section 7 which stipulates:
“Initial Term and Automatic RenewaL This Memorandum of Understanding shall remain in effectfor aninitial term of three (3) yearsfrom the effective date and shall be renewed at the expiration of the initialterm for two (2) additional terms of three (3) years each, subject to mutual agreement and the availabilityoffirnds.
Should the Commission concur with the renewal of this agreement please indicate by signing below afterwhich the term of the MOU will commence on April 25, 2016 and end on April 24, 2022. We understandthat this request for renewal may require approval by your Board of Commissioners and so we areavailable to present the request at its next schedule public meeting if needed. A copy of the MOU isattached for your reference as well.
Should you or your staff have any questions, please contact Mr. Larry Toves at our office by email [emailprotected]. or at the numbers listed below. Si Yu ‘os Ma’ase.
Concurred by: Date:
590 SOUTH MARINE CDRF’S DR,VE.FTC BUILDING, SUITE SI!TAMUNING GUAM 96913
TEL: (671) 647-4332rAil: (671) 649.4146
WVJW INVESTGUAM .COM
GEDAGuam Economic Development Authority
MEMORMJDUM
EDDIE DAZA CALVOCudtkD•j L CLA4
I MAGALAHEN CUAHAN
RAY Trnonio13 C tr,r:.Ir Ct-A1
SEGUNDO NA M.GALA,ICN GUAIIAN
JAY ROJASA M:’TiiA7C1
AOI4INSTRADOT
MANA SILVA TAIJERONCL u t A,1t:7flA
SOUNOC Na AOA4P4AZThAOOT
Date: April 22, 2016 APR z 2015
Director, Chamorro Land Trust Commission
S
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CHAMORRO LAND TRUST COMMISSION
AND THE
GUAM ECONOMIC DEVELOPMENT AUTHORITY
THIS MEMORANDUM OF UNDERSTANDING is entered into by and betweenCHAMORRO LAND TRUST COMMISSION (“COMMISSION”) and the GUAMECONOMIC DEVELOPMENT AUTHORiTY C’GEDA”), a Guam public corporation.
RECITALS
WHEREAS, Guam law provides at 21 G.C.A. § 75101 that upon and after theenactment of this Chapter, all available lands shall immediately assume the status of Chamorrohomelands and shall be under the control of the Commission to be used and disposed of inaccordance with the provisions of this Chapter;
WHEREAS, Guam law provides at 21 G.C.A. § 75107 that the Commission isauthorized to lease to native Chamorros the right to the use and occupancy of a tract or tracts ofChamorro homelands.
WHEREAS, the Office of the Public Auditor in its Report 09-03 dated April 2009recommended that CLTC develop a land use plan and written collection policies and proceduresfor commercial licenses;
WHEREAS, Legislative Oversight hearings held in April 2009 by I MIna’ TrensaNa Lehislaturan Qua/ian generally supported the recommendations of the Office of the PublicAuditor,
WHEREAS, GEDA is authorized pursuant to 12 G.C.A. § 50103(d) to promoteinvesUnents of entrepreneurial capital in Guam, if need be form and operate its own industries,invest in and provide technical assistance in support of its objectives, develop and maintainfacilities for lease or sale and provide for the expansion of agricultural, industrial, hospital,housing and tourist facilities through financial assistance and other means.
Cfbtas- 1693
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WHEREAS, the Commission has identified the need to retain the services of
GEDA to assist it with the development, management, and maintenance of Chamono homelands
so that said Lands will be developed pursuant to the requirements of law.
WHEREAS, because of GEDA’s unique mandate to promote investuents and the
development of various industries in Guam and to invest in and provide technical assistance in
support of its objectives, the Commission desires to enter into a service agreement whereby
GEDA will provide the Commission with general consuliancy and property management
services relating to the requirements of the Chamorro Land Trust Act as amended.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties hereby agree as follows;
AGREEMENT
1. General Consultancy and Property Management Services to be provided
by GEDA. Within the scope of services to be provided by GEDA, GEDA agrees to:
Manage commercial leases/licenses and prepare billing, accounting
and receipts of money from commercial leases/licenses; negotiate payment plans for those in
arrears if necessary; and remit commercial lease/license rents to the Commission as provided for
in this MOld.
Develop Draft Rules and Regulations for commercial
lease/licenses (including legal review) to allow the Commission to submit mles under the
Administrative Adjudication Act process for Legislature approval.
Analyze the amount of money needed by the Commission to can)’
out its mandates as one method of determining the targeted amount to be generated from
commercial lease/licenses;
d. Prepare Requests for Proposals (“RFP”) for the development
and/or leasing of Chamorro Homelands designated for commercial leasing/licensing;
e. Advertise RFPs and receive all proposals;
f. In collaboration with the Commission, evaluate all proposals
received and rank prospective developers and/or lessees;
g. Negotiate lease/license agreements to be entered into with the
highest ranking developer(s) in collaboration with the Commission;
2
h. Recommend the execution of any commercial lease/licenseagreement by the Commission;
i. Do all other things necessary to carry out the above objectives;2. In connection with the services provided to the Commission, GEDA may
retain experts, advisors, consultants, and legal counsel as necessary.
3. Provide periodic updates to the Commission on the status of the inventory,development and leasing of Chamorro Homelands;
4. Cooperation by Commission. The Commission shall do the following toassist GEDA in performing the services set forth in Section 1:
a. Provide GEDA with an inventory by lot number or location ofChamorro homelands covered under the scope of this Memorandum of Understanding;
b. Provide Legislative notification of GEDA involvement
c. Provide survey maps, sketches, etc. of property in the Commission’sinventory and if not available, vicinity maps of properties
d. Provide lease/license files for each commercial lessee/licenseee. Authorize GEDA to speak with staff and lessees when necessary to
ensure completeness and accuracy of inventory and lease/licenses
f. Authorize GEDA to bring Commission files to the GEDA office withGEDA commitment to ensure complete file return upon completion of the tasks identified in thisMOU.
g. Participate in the evaluation and selection of prospective developersand/or lessees;
h. Review periodic reports submitted by GEDA;
i. In collaboration with GEDA, seek all necessary approvals for thecommercial lease/license of the Chamorro homelands;
j. Evaluate and act upon commercial lease/license agreementsrecommended for execution by GEDA;
Ic. Execute all other documents necessary for GEDA to carry out theservices listed in this MOU.
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1. Perform all inspections of current and ffiture commercial
leases/licenses, issue and enforce eviction notices and pursue any legal action against tenants
including but not limited to evictions, based upon the advice and recommendation of GEDA.
Payment for Services.
a. GEDA shall collect all rents from commercial leases/licenses and shall
remit to the Commission all rents received from current and flaure commercial lessees/licensees
of Chamorro Homelands but shall retain Fourteen percent (14%) of any revenues paid by any
commercial lessee/licensee of the Commission, as payment for USDA services.
() Method and Time of Remittance of Payments and Rents. Any revenues
collected by USDA from commercial lesseesflicensees minus GEDA payment for services shall
be remitted to the Commission no later than twenty (20) calendar days after receipt from
commercial lessees/licensees.
7. Initial Term and Automatic Renewal. This Memorandum of
Understanding shall remain in effect for an initial term of three (3) years from the effective date
and shall be renewed at the expiration of the initial term for two (2) additional terms of three (3)
years each, subject to mutual agreement and the availability of funds.
8. At any time during the initial term or extended term, either party can elect
to terminate this Memorandum of Understanding if either party provides the other with a written
notice of termination no later than ninety (90) days prior to the termination date. Upon
termination of this MOU, all files shall be returned to the Commission and all transactions
including any outstanding payments shall be concluded.
9. Effective Date. The effective date of this Memorandum of Understanding
shall be the date of execution by the Governor of Guam.
4
If
Guam Economic Development Authority
By:
KARLflANGEUNANAdministrator
Date:_____________
Chamorro Land Trust Commission
inisfrati Director
Date: U) 19JR
Concurred by:
Guam Economic Development AuthorityBoard of Directors
By:
RICARDO C. DUENASChairman
Chamorro Land Trust CommissionBoard of Corn issionen
By:
OSC CALVOActing Chairman
Date:
Approved by
Governor of Guam
By
Date:
E%avoAPR 242013
S
Em 1©Im/I1114 OEC212J
cpu7A. $0Office of me tmomey General of Guam
Civi”Solicitor Division
i3v3f/—f/fl-
rCHAMORRO LAND TRUST COMMISSkd
Board of Commissioners MeetingSeptember 15, 201-6QC4o\3ec to
PBS GUAM — NOTIFICATION OF SPACE PROVISION AND ACCOMODATION TO GUAM EDUCATION RADIOFOUNDATION. ON CLTC LICENSED LOT 1O-R3, BWCK D, TRAG 9, MUNICIPALITY OF BARRIGADA
1. fa*gS:
a. Location: Lot 1O-R3, Block D, Tract 9, Municipality of Barrigada
b. Lot Size/Lease Type: 5,307± s.m., Commercial License Agreement
c. Lease Instrument Number: Unrecorded
2. CHRONOLOGICAL fa*gS:
a. SEE fa*g SHEET, AHACHED FOR EASY REFERENCE.
b. May 7, 2016, a Resolution was adopted wherein Guam Educational Telecommunication
Corporation, authorized the General Manager of PBS Guam to consummate an agreement with
Guam Educational Radio Foundation.
3. STAFF ANALYSIS:
In the License Agreement, CLTC acknowledged KGTF-TV12’s institutional and facility plans to addcomplementary broadcast partners on the site, as shown below:
“Notwithstanding Article IX of the Agreement, Licensee, may, at Licensee’s discretion, and withoutLicensor’s prior written consent, provide space and/or accomodations to others than the Licensee, foradditional antennae and related equipment upon and/or within their facilities and tower; providedfurther, Licensee shall:
L Provide written notification to Licensor”
4. RECOMMENDATION:
The notification received on August 18, 2016, serves as a written notification by KGTF-W12 to provide spaceto KPRG-FM within their broadcast facility and on their tower.
MARGARITA V. BORJA 1
PBS GUAM-KGTF
U 6’QPBS GUAM
KGTF Channel 12 ‘3.
Guam Educational Telecommunication Corporation
ft[(OAugust 18, 2016 Trne 1d2_.irl1
MEMORANDUM
TO: EXECUTIVE DIRECTOR, CHAMORRO LAND TRUST COMMISSION
FROM: GENERAL MANAGER, PBS GUAM
SUBJECT: NOTIFICATION OF SPACE PROVISION AND ACCOMODATION TOGUAM EDUCATIONAL RADIO FOUNDATION, ON CLTC LICENSEDLOT 10-R3 BWCK D, TRACT 9 MUNICIPALITY OF BARRIGADA
Buenas yan Hafa Adail Effective January 1, 2007, the Chamorro Land Trust Commission granteda license to KGTF-W12 to use Lot 10-R3 Block D, Tract 9 Municipality of Barrigada. The term isfor twenty-one (21) years, pursuant to 21 GCA §75107(c). A copy is enclosed for your readyreference. We thank you for your continuing encouragement and support for our noncommercial, educational television broadcast service.
In the license, under Article Ill, “Compensation”, the CLTC acknowledged KGTF-W12’sinstitutional and facility plans to add complementary broadcast partners on the site:
“Notwithstanding Article IX of the Agreement, Licensee, may, at Licensee’s discretion, andwithout Licensor’s prior written consent, provide space and/or accommodations to others thanthe Licensee, for additional antennae and related equipment upon and/or within their facilitiesand tower; provided further, Licensee shall: i. Provide written notification to Licensor.”
Licensee, KGTF-W12, hereby provides written notification to Licensor that Licensee hasprovided space within our broadcast facility and on our tower to Guam Educational RadioFoundation, which operates KPRG-FM, Public Radio Guam, on 89.3 MHz. A copy of theproposed formal agreement is also enclosed for your ready reference.
KPRG-FM is a noncommercial, educational radio broadcast station established as a nonprofitorganization with participation by the University of Guam, rather than as a government agency,but is otherwise practically identical to KGTF-W12 in mission, applicable laws and regulations,and funding sources. KPRG-FM has been a tenant on commercial towers on Barrigada Heightssince January, 1994. KGTF-W12’s facility was designed and constructed in 2008 with sufficientfloor and tower space for their eventual relocation to our facility, in the public interest.
Phone: (671)734-KGTF (5483) * Fax: (671)734-3476 * P.O. Box 21449 GMF, Guam 96921
Email: [emailprotected] Website: http//www.pbsguam.org
C: C
In crafting the extent of tenant terms of use, including pricing, Licensee has taken careful noticeof the letter and intent of both the original License and policy established by Public Law 33-95.KGTF-W12 provides space for tenants in and on its improvements for operational use only, notthe use of land. All restrictions and requirements applicable to Licensee are applicable totenants. Basic tenant rent that Licensee calculates cannot, in the aggregate among all tenants,exceed the amount assessed by the CLTC: we generate no profit from tenancy. Variable costs,such as electrical consumption and facility maintenance, are allocated proportionally among allusers, including KGTF-W12. We believe this conforms with the spirit of maximizing the site’svalue to all government-supported users of the site, and results in real savings from rentscharged by adjacent for-profit landlords.
Please examine the enclosed documents, and, if you or the Commission has any questions orconcerns, I am available to discuss them at your convenience. We thank you once again foryour support for our noncommercial, educational broadcasting service in the public interest!
Senseramente,
DARRYL A. BORJA TAGGERWGeneral Manager
Enclosures
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• CQPBS GUAM
KGTF Channel 12
Guam Educational Telecommunication Corporation
Facility and Tower Space Use Agreement
This Facility and Tower Space Use Agreement is entered into by and between GuamEducational Telecommunication Corporation, which operates PBS Guam, at 194 Sesame Streetat Washington Drive, Mangilao, Guam 96913 (hereinafter referred to as “Landlord”), and GuamEducational Radio Foundation, Inc., which operates KPRG-FM, also known as Public RadioGuam, at 13 Deans Circle, University of Guam, Mangilao, Guam 96923 (hereinafter referred toas “Tenant”).
Recitals
WHEREAS, Tenant is desirous in occupying a certain space within the PBS Guam facility atBarrigada Heights, for the purposes of installing, operating and activating certain equipment inconnection with and in furtherance of its noncommercial FM radio service for and within Guam;and
WHEREAS, in this connection, Tenant is also desirous in installing a broadcast antenna arrayand a studio-transmitter link antenna on the PBS Guam tower, along with equipment in the PBSGuam transmitter room, with the knowledge that any interference with PBS Guam’s televisionsignal will be grounds for severance of this Agreement; and
WHEREAS, Tenant prefers locating on the PBS Guam tower site and facility not only for theirexcellent location and elevation, but also to avail itself of institutional benefits arising fromcollaboration and collocation with non-commercial, educational broadcast media similarlyfunded and supported; and
WHEREAS, Landlord is agreeable to making its tower and transmission facility available not onlyto one Tenant but others, at its option, so long as Landlord shall not allow the installation ofequipment that interferes with Tenant’s operation; and
WHEREAS, Landlord is authorized by the terms of its Ucense Agreement with landownerChamorro Land Trust Commission, to provide space and/or accommodations to others foradditional antennae and related equipment upon and/or within Landlord’s facilities and tower;and
WHEREAS, Landlord authorized the General Manager of PBS Guam to consummate anagreement with Guam Educational Radio Foundation in a Resolution duly adopted on May 7,2016; now, therefore:
Phone: (671)734-KGTF (5483) * Fax: (671)734-3476 * po• Box 21449 GMF. Guam 95921
Email: kgff12iteleguam.net Website: hftp//www.pbsguam.org
Terms of Use
That for and in consideration of the covenants and conditions contained herein, Landlord andTenant agree as follows:
Section 1. Premises.
Landlord hereby rents to Tenant and Tenant hereby hires from Landlord space located on thePBS Guam tower for a multi-bay broadcast antenna and a studio-transmitter link receiveantenna (as designated by PBS Guam), and space for equipment within the PBS Guamtransmission facility (as designated by PBS Guam), located at Lot 1O-R3 Block D, Tract 9,Municipality of Barrigada, Guam, for Tenant to have and to hold, subject to the agreements,terms and conditions contained herein.
Section 2. Rent.
(a) Tenant shall pay to Landlord a fiat monthly rent of Eight Hundred Fifty and no/100Dollars ($850.00).
(b) Payment shall be made on the first day of each and every month to the PBS Guamoffice located at 194 Sesame Street at Washington Drive, Mangilao, Guam g6913, ormailed to PBS Guam at P.O. Box 21449, Barrigada, Guam 96921, or at such otherplace as landlord may from time to time designate by notice given to Tenant in themanner provided in this agreement.
(c) Rent collected by Landlord from all tenants is specifically limited to not exceed in theaggregate one fourth (1/4) of one per cent (1%) of the fair market value of thelicensed underlying real property, as determined by the Chamorro Land TrustCommission. Rent charged to Tenant by Landlord shall be reduced if another payingtenant shares the tower and facility space, and shall be increased if the landownerChamorro Land Trust Commission increases the rental fee charged to Landlord forlicensed use of the underlying real property.
(d) Charges for Tenant’s fair share of non-rent operational costs are detailed in Section9, below.
Section 3. Term and Commencement Date.
The term of this agreement shall be for a period often (10) years, and shall commence onOctober 1, 2015, and shall expire on September 30, 2025.
Section 4. Extension or Renewal.
0 0
Ps 0QPBS GUAM
KGTF Channel 12
Guam Educational Telecommunication CorporationThis agreement may be extended or renewed by mutual agreement of both parties. For Tenantto request for an extension or renewal, it must give written advance notice to Landlord not lessthan three (3) months prior to the expiration of the term of this agreement. The terms of theextension or renewal shall be by negotiation.
Tenant is hereby informed that the current License granted to Landlord by landownerChamorro Land Trust Commission is effective January 1, 2007, for a term of twenty-one (21)years. This license term is limited by 21 GCA Section 75107(c). Landlord plans to negotiate anew License prior to expiration on December 31, 2027.
Section 5. Use of. Access to and Duty Around the Premises.
(a) Use of Premises:
(1) Tenant shall use and occupy the premises for the limited purpose of transmittingKPRG-FM, including activity necessary and incidental thereto.
(2) Tenant may install at Landlord-designated locations in the transmission facilityno more than one (1) primary and one (1) alternate standby transmitter, areceiver for its studio-transmitter link, and IP-based remote access telemetry andcommunication equipment; and Tenant may install at Landlord-designated areason the PBS Guam tower structure one (1) broadcast antenna array and one (1)studio-transmitter link antenna, each with connecting coaxial cables and otherconnections, under specifications required or approved by Landlord, which willnot interfere with PBS Guam’s broadcasting.
(3) Landlord agrees not to allow the installation of other antennas, feedlines,transmitters or other equipment which interfere with Tenant’s operation. It shallbe Landlord’s responsibility to provide Tenant with engineering or other plansand specifications of proposed or installed antennas, and Tenant’s responsibilityto submit evidence to the effect that such proposed or installed antenna orother equipment may interfere or interferes with Tenant’s operation.
(4) It shall be the Tenant’s duty and responsibility to comply with all laws, rules andregulations covering the broadcast use and occupancy within the premises,including those applicable to Tenant through its use of Chamorro Land TrustCommission property licensed to Landlord. Tenant shall comply with all laws,rules and regulations in obtaining permits required for the installation of itsequipment, as well as its business operations.
Phone: (671734-KGTF (54831 * Fax: (671)734-3476 * P.O. Box 21449 GMF. Guam 96921
Email: kgtf12teIeguam.net Website: http//www.pbsguam.org
(b) Access to Use Space:
(1) At any time prior to gaining access to its use space, Tenant (or its designatedengineering staff, qualified consultant or other contractor) shall first request theassistance of the PBS Guam General Manager or Chief Engineer, at which timethe PBS Guam General Manager, Chief Engineer or staff designee will accompanyTenant (or designee) to its use space. Tenant access will be afforded on a 24/7basis, and not be unreasonably withheld by Landlord.
(2) The PBS Guam General Manager or Chief Engineer may, at their discretion, allowor refuse to allow unaccompanied access by Tenant to the use site.
(c) Duty Around the Premises: To gain access to its use space, Tenant shall have to walkthrough Chamorro Land Trust Commission property, and past areas and equipmentoperated by others. Tenant shall assume sole and exclusive responsibility upon itsemployees, agents and invitees in guarding against the interference with the privacyand safety of the Landlord’s tenants, employees, guests and/or invitees.(1) Tenant shall conduct operations on the premises in such manner as to minimize,
to the extent it is reasonably practicable, considering the extent of Tenant’soperations, the emanation of noise, odors, litter or nuisance within or from thepremises, so as not to interfere with Landlord, other tenants, or neighbors.
(2) Tenant shall assume the sole and exclusive responsibility for the guarding andsafekeeping of, and risk of loss to, all property and equipment stored or locatedupon or used in connection with the premises, and shall save and hold harmlessthe Landlord and landowner Chamorro Land Trust Commission, and theirofficers, employees and agents from any and all claims, demands and liabilitiesarising therefrom.
Section 6. Right to Terminate.
(a) Tenant’s Right to Terminate:
(1) If at any time during the term of this agreement, Tenant is prohibited fromutilizing the tower and facility for its intended purpose or from conducting itsbusiness due to existing or newly enacted laws, rules or regulations, or in thelight of any ruling or directive of any governmental authority, including thelandowner Chamorro Land Trust Commission, Tenant may cancel this agreementby giving the landlord thirty (30) days written notice.
(2) Tenant may terminate this agreement upon giving thirty (30) days notice to theLandlord in the event that another structure is constructed which is of suchheight so as to materially interfere with Tenant’s activities pursuant to theinformation located in Section 5(a)(1) above.
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QPBS GUAMKGTF Channel 12
Guam Educational Telecommunication Corporation
(b) Landlord’s Right to Terminate:
(1) Landlord may terminate this agreement if the Tenant’s broadcast operations orequipment interfere with the transmission of PBS Guam’s television broadcastsignal.
(2) If at any time during the term of this agreement, PBS Guam is in critical need ofthe space Tenant is occupying in relation to its television broadcasting activities,Landlord may cancel this agreement by giving the Tenant thirty (30) days notice.
(3) Landlord may terminate this agreement upon giving thirty (30) days notice toTenant in the event that Tenant through its employees, agents or invitees, hasbecome a serious threat to Landlord’s employees, operations, or the employeesor operations of other tenants. What is a serious threat shall be determinedsolely by the Landlord.
(4) If any one or more of the following events shall occur, the landlord mayterminate this agreement:
(I) The inability of the Tenant to use the tower and facility as setforth in Section 5(a) of this agreement, continuing for a periodlonger than ninety (90) days, due to any order, rule or regulationor any appropriate jurisdiction over the operations of the Tenant;or
(II) The inability of the Tenant to use the tower and facility continuingfor a period longer than ninety (90) days by reason of acts by apublic enemy during the existence of a state of war declared orundeclared.
Section 7. Right of Entry and Inspection of Space Used by Tenant.
(a) Right of Entry: Landlord, its employees, agents and contractors, may, at any timeand without prior notice, access the space used by Tenant for the purpose ofexamining and making repairs or restorations therein as may be necessary for thesafety and preservation of the premises, including tower and building, including itsequipment and utilities.
Phone: (671)734-KGTF (5483) * Fax: (671)734-3476 * P.O. Box 21449 eMS, Guam 96921
Email: kgtf12rteleguam.net Website: http//www.pbsguam.org
Any repairs, restoration or alterations by Landlord in the premises except in case ofemergency shall be done at times and by such methods as will not interfere with orimpair Tenant’s use of the tower and facility, and any damage to the tower or facilitycaused by such work shall be promptly repaired by Landlord.
(b) Inspection of Space Used by Tenant. Landlord, its employees, agents andcontractors, may, upon reasonable prior notice, inspect the space used by Tenantfor determining whether Tenant is complying with the terms and conditions hereofor for any other purpose incidental to the rights of the Landlord.
Section 8. Tenant’s Installation — Alterations.
(a) With Landlord’s prior written consent or approval, which consent or approval shallnot be unreasonably withheld, Tenant may, at Tenant’s own expense, from time totime during the term of this agreement make such alterations, installations andsubstitutions in and to the tower and facility space used by Tenant as Tenant mayreasonably deem necessary or desirable.
(1) As to any work by Tenant Tenant agrees that before commencing any suchwork, Tenant will deliver to Landlord for Landlord’s approval which shall not beunreasonably withheld or delayed, a copy of the plans covering said work.
(2) Tenant agrees to do any work done by it pursuant to this Section in such mannerto not materially interfere with or impair the use of other portions of the tower,facility or property by Landlord or other tenants.
(3) Any mechanic’s lien filed against the premises, including tower, building andproperty, for work done or claimed to be done for, or materials furnished orclaimed to be furnished to Tenant, shall be discharged by Tenant at its expensewithin thirty (30) days after notice to Tenant thereof by payment, release, filingof the bond required by law, or otherwise.
(4) All alterations and installations made by Tenant upon the tower or in the facility,which are of a permanent nature and cannot be removed without materialstructural damage to the tower or building, shall become the property of theLandlord and shall remain and be surrendered with the tower and facility spaceas a part thereof at the end of the term of this agreement.
(5) All alterations and installations made by Tenant upon the tower or in the facility,which are of a permanent nature but can be removed without materialstructural damage to the tower or building, may be removed by Tenant upon orprior to the expiration of this agreement, subject to the to the condition that theTenant repair any and all damages that occur due to such removal. Any
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I)
QPBS GUAMKGTF Channel 12
Guam Educational Telecommunication Corporationalterations and installations not so removed shall become the property of theLandlord.
(6) Where furnished by or at the expense of Tenant, all movable properties,including batteries, inverters, RF racks, transmission equipment, and allalterations, installations and additions, shall remain property of Tenant who shall(unless the parties agree otherwise), remove them upon or prior to theexpiration of the term of this agreement. Any property of the Tenant not soremoved shall become the property of the Landlord.
Section 9. Cost of Utilities, Common Services Generator Service and Others.
(a) Electricity:
(1) The payment for power consumption is not included in the flat monthly rate setforth in Section 2(a).
(2) The overall facility cost of electricity shall be allocated between Landlord andTenant, and among all users as additional tenants may be added, in proportionto power consumption of production and transmission equipment operated byLandlord and tenants as measured by metering instruments and/or determinedthrough an energy audit. Such measurement and apportionment shall beconducted by Landlord with the assistance and participation of Tenant’sengineer, towards a mutual agreement. The apportionment shall be adjusted asnew transmission and other major equipment is installed, and when significantchanges in consumption occur, such as during documented periods of reducedbroadcast power or alternate transmitter operation.
(3) The proportion between and among users (including Landlord and Tenant, andother tenants) will be applied to the periodic Guam Power Authority billing forthe transmitter site, which will necessarily include sources of common powerusage, such as air conditioning and tower and facility lighting.
(4) Landlord shall invoice Tenant(s) the apportionment of the site power billing. Theinvoice shall include a copy of the original bill, the applicable apportionmentformuLa, and calcuLation for all users.
(5) Air conditioning units, their operation and maintenance are and remain theresponsibility of the Landlord.
Phone: (671)734-KGTF (5483) * Fax: (671)734-3476 * P.O. Box 21449 GMF, Guam 96921Email: kgtf12teIeguam.net Website: http//www.pbsguam.org
(6) In the event that Guam Power Authority’s electrical power service is disrupted,Landlord will furnish or make available a standby power generator for Tenant’sessential use and for tower lighting and general lighting requirements, untilGuam Power Authority’s service is restored.
The operation of the standby generator is the responsibility of the Landlord,including suspending service in event of extended duration of typhoon forcewinds or other conditions that pose a threat to equipment or employee safety.
(7) Although the facility has power surge protection equipment and other protectivemeasures installed, Landlord shall be released from liability towards any damageto Tenant’s equipment caused by power fluctuations or interruptions, or waterdamage caused by acts of nature, or as a result of war or terrorism.
(b) Common Use Charges.
Tenant shall be levied a proportional share of common tower and facilitymaintenance costs, including grounds keeping, tower lighting and painting, and soon, according to the same apportionment formula agreed upon for allocation ofelectricity service. Invoices for common charges will be specifically itemized and fullydocumented by Landlord. Landlord pledges to minimize common costs to greatestextent practicable, including the opportunity for Tenant to solicit for professionalservices on a discounted or in-kind basis.
(c) Cost of Generator Operation.
Because generator capacity is not currently sufficient to maintain televisionbroadcast operations, but is desirable to maintain tenant broadcasting, remotetelemetry and microwave links, tower lighting and other critical operations,generator operation and maintenance costs will be determined separately,according to a proportion of usage in the same manner as allocating the cost ofelectrical utility service.
If the generator is replaced with one of a larger capacity, the share of operationalcosts will be determined in a similar manner, according to the priority load uses.
Id) Cost of Capital Improvements.
The cost of capital improvements to the premises and cost of capital equipmentreplacement, other than maintenance of same, shall remain the responsibility of andborne solely by Landlord. Tenant shall not be assessed for cost of improvements,unless the improvements are requested by and are for the primary benefit of theTenant.
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QPBSGUAM1KGTF Channel 12
Guam Educational Telecommunication CorporationSection 10. Premises to be Kept Clean.
Tenant at all times, shall maintain, operate and keep the premises in a neat, clean, sanitary andorderly condition, and shall prevent the accumulation of and shall mantain the premises free ofany refuse or waste materials which present an unattractive appearance or might constitute asafety, fire or health hazard.
Section 11. Licenses.
Tenant shall pay all taxes of whatever character that may be levied or charged upon itsimprovements or operations hereunder and upon its right to use the tower and facility. Tenantshall pay for all licenses or permits necessary or required by law for the construction of any ofTenant’s improvements, the installation of equipment and furnishings, and any other licensesnecessary for the conduct of its business within the premises. Landlord shall not be required topay any taxes by reason of Tenant’s use of the tower and facility. Tenant shall indemnify fullyand save harmless the Landlord and Landowner Chamorro Land Trust Commission from anytaxes imposed or levied against the Landlord by reason of the Tenant’s use of the tower andfacility.
Section 12. Hold Harmless Agreement and Liability Insurance.
It is an express condition of this agreement that the Landlord, its officers, agents andemployees shall be free from any and all liabilities and claims for damages and/or lawsuit for orby reason of any death or deaths of or any injury or injuries to any person or property of theTenant, its agents, employees, permiffee, licensees, or other third persons, from any cause orcauses whatsoever while in or upon the premises during the term of this agreement oroccasioned by reason of this occupancy; and Tenant hereby covenants and agrees to indemnifyand save harmless the Landlord, its officers, agents and employees from all liabilities, charges,expenses (including counsel fees) and cost on account of or by reason of this death or deaths,injury or injuries, liabilities, claims, lawsuits, or losses however occurring or damages growingout of same.
Tenant Landlord and the landowner Chamorro Land Trust Commission recognize there may beknown or unknown pre-existing conditions on the premises, and agree to hold one anotherharmless from any liability arising from such conditions.
Tenant shall include Landlord and landowner Chamorro Land Trust Commission as an“additional insured” in their insurance coverage under an insurance company licensed to dobusiness on Guam.
Phone: (671)734-KGTF (5483) * Fax:(671)734.3476 * P.O. Box 21449 GMF, Guam 96921Email: [emailprotected] Website: http//www.pbsguam.org
Tenant shall furnish liability insurance under its blanket policy for each injury to eitheremployees or invitees on the premises, for each accident or occurrence, and for propertydamage.
Tenant will procure, at its own cost and expense, and keep in force during the term of thisagreement for the common benefit of Landlord, the landowner Chamorro Land TrustCommission and Tenant, a policy of comprehensive liability insurance in such form and withsuch insurance company as Chamorro Land Trust Commission shall approve, with minimumlimits of not less than $300,000.00 for injury or death to one person and not less than$100,000.00 for any one occurrence, and a policy in the sum of $100,000.00 insuring againstclaims of third persons for property damage. Said policy or policies or copies thereof must bedeposited with the Landlord and Chamorro Land Trust Commission, and must cover thepremises, including entrances to the premises and sidewalk parking areas adjacent to thepremises. The landowner Chamorro Land Trust Commission ma review the foregoing limits ofcoverage and require increases therein but shall not require increases more frequently thanannually. Said policy or policies shall also contain a clause stating that the insurer will not cancelLand Trust Commission thirty (30) days prior written notice of such change or cancellation.
Section 13. Liens.
Tenant agrees to pay, when due, all sums of money that may become due for labor, service,materials, supplies, utilities, furnishings, machinery, or equipment to be furnished to or for theTenant in or about the premises which may be secured by any mechanic’s material men, orother lien against the Tenant’s interest therein, and will cause each such lien to be fullydischarged and released at the time the performance or any obligation secured by any such lienfiled or established during the period of such contest.
Section 14. Subleases and Assignments.
Landlord has expressly acknowledged to and agreed with landowner Chamorro Land TrustCommission that Landlord does not and shall not claim at any time any interest or estate of anykind or extent whatsoever in the real property described in Section 1, by virtue of the rightsgranted under the License agreement or Landlord’s occupancy or use granted therein.
Landlord acknowledges and agrees that the rights of Landlord under the Chamorro Land TrustCommission License are persona! to Landlord and may not be transferred or assigned byLandlord to any other person, firm, corporation or other entity.
Accordingly, Tenant shall not, either directly or indirectly, assign, hypothecate, encumber ortransfer this use agreement or any interest therein, or sublet the whole or any part of thepremises, or tower or facility improvements, or license the use of same in whole or in part.
This agreement or any interest therein sha!l not therein shall not be assignable or transferablein proceedings in attachment, garnishment, or execution against Tenant or in voluntary or
C C
QPBS GUAMKGTF Channel 12
Guam Educational Telecommunication Corporationinvoluntary proceedings in bankruptcy or insolvency or receivership taken by or against theTenant or any process of law, and possession of the whole or any part of the premises shall notbe divested from the Tenant in such proceedings or by any process of law, without expressprior written consent of the Landlord.
Section 15. Default.
This agreement is made upon the condition that if the rentals or other sums which the Tenantherein agrees to pay, or any part thereof, shall be unpaid upon the date on which the sameshall become due, or should the Tenant abandon and cease to use the premises for a period ofthirty (30) consecutive days at any one time, except when prevented by fire, earthquake,typhoon, war, strike or any other calamity beyond its control, or in the event hat Section 6above is activated, then at the sole option of the Landlord, this agreement shall becomeforfeited, and the Landlord may exercise all rights of entry and re-entry upon the premises.Tenant shall not be considered in default as to any provision of this agreement where suchdefault is the result of or pursuant to any process, order, or decree of any court or regulatorybody. No default shall be declared by the Landlord as to any breach which may be obviated orcured by the Tenant until the expiration of thirty (30) days after written notice to the Landlordto the Tenant of such default and if, during such thirty (30) day period, such default shall havebeen cured or obviated, provided, that only ten (10) days written notice shall have beenrequired in the case of a default in the payment of rental or other sums herein provided to bepaid by the Tenant.
Section 16. Subordination — Non-Disturbance.
This agreement is subject and subordinate to any and all existing agreements, including theground license to Landlord from Chamorro Land Trust Commission, of any and all existingmortgages or liens on the fee and or and any overriding agreement now or hereafter affectingthe land and/or building, and to any and all renewals, modifications, consolidations,replacements, and extensions of such ground, overriding or underlying leases and/ormortgages. The term “mortgages” shall include trust indentures and bond resolutions.
Section 17. Surrender of Premises.
The Tenant covenants and agrees that at the expiration of this agreement, or upon its earliertermination, it will quit and surrender the premises with all the improvements thereon in godstate and condition as the same were when possession thereof was given to Tenant reasonablewear and tear expected, and the Tenant agrees, unless otherwise permitted in writing byLandlord, to remove all personal property belonging to Tenant. Upon such termination, theLandlord shall have the right to enter upon and take possession of all of said premises.
Phone: (671)734-KGTF (5483) * Fax: (671)734-3476 * P.O. Box 21449 GMF. Guam 96921
Email: kgtf12teleguam.net Website: http//www.pbsguam.org
Section 18. Waivers.
No waiver by the Landlord at any time of any of the terms, conditions, covenants, oragreements of this contract shall be deemed or taken as a waiver at anytime thereafter of thesame or of any other term, condition, covenant or agreement herein contained, nor of thestrict and prompt performance thereof by the Tenant. No delay, failure, or omission of theLandlord to reenter the premises or to exercise any right, power, privilege, or option arisingfrom any default, nor subsequent acceptance of rental then or thereafter accrued, shall impairany such right, power, privilege, or option, or be construed to be a waiver of any such default orrelinquishment thereof, or acquiescence therein, and no notice by the Landlord shall berequired to restore or revive time as of the essence hereof after waiver by the Landlord ofdefault in one or more instances. No option, right, power, remedy, or privilege of the Landlordshall be construed as being exhausted or discharged by the exercise thereof in one or moreinstances. It is agreed that each and all of the rights, powers, options, or remedies given toLandlord by this agreement are cumulative, and no one of them shall be exclusive of antyremedies provided bylaw, and that the exercise of one right power, option or remedy by theLandlord shall not impair its right to any other right, power, option, or remedy.
Section 19. Holding Over.
In the event that Tenant remains in possession of the premises after the expiration of thisagreement without written approval thereof, such holding over shall not be deemed as arenewal of this agreement, but shall create only a tenancy from month-to-month which may beterminated at any time by the Landlord. The conditions and obligations set forth in thisagreement shall continue, with the exception of the first clause of Section 3. The rental for thepremises during any such holdover period shall be set at the level set forth in Section 2 of rentalthen in effect on the date prior to the termination date. The apportionment of costs during themonth-to-month tenancy shall be the same as agreed in Section 9.
Section 20. Waiver of Claims.
The Tenant hereby waives any claims against the Landlord, its officers, agents or employees, fordamage or loss caused by any suit or proceedings directly or indirectly attacking the validity ofthis agreement, or any part thereof, or by any judgment or award in any suit or proceedingdeclaring this agreement null and void, or delaying the same or any part thereof, from beingcarried out.
Section 21. Consent Not to be Unreasonably Withheld.
Whenever consent is required by either the Landlord or Tenant, such consent is not to beunreasonably withheld or to be delayed for any unreasonable period of time.
Section 72. Entire Agreement.
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H CQPBS GUAM
KGTF Channel 12
Guam Educational Telecommunication Corporation
This instrument contains the entire agreement between the parties relating to the optionherein granted. Any oral representation or modifications concerning this instrument shall be ofno force or effect except in subsequent modification in writing signed by the parties to becharged.
Section 23. t.ease Made in Accordance with Local and Applicable Federal Laws.
This agreement has been made in and shall be construed in accordance with the laws of Guamand the laws of the United States applicable to Guam.
Section 24. Headings.
The paragraph headings contained herein are for convenience in reference and are notintended to define or limit the scope of any provision of this agreement.
Section 25. Attorney Fees.
If any suit or action is instituted in connection with any controversy arising under thisagreement, the prevailing party shall be entitled to recover and the losing party agrees to pay,in addition to cost, such sum as the trial court may adjudge reasonable as attorney’s fees andupon appeal therefrom such sum as the appellate court may adjudge reasonable as attorney’sfees. This provision shall survive termination by either party with respect to causes of suit oraction that survive termination.
Section 26. Successors.
This agreement shall bind and inure to the benefit of any successors of the Landlord and anysuccessors of the Tenant.
Section 27. Severability.
Should any section or clause in this agreement be deemed unlawful or in violation of any rule orregulation of any agency within the government of Guam or government of the United States,then that clause or paragraph shall be stricken out and the agreement shall continue as if noclause, section or paragraph was ever made a part of this agreement.
Section 28. Notices.
Phone: (671)734-KGTF (5483) * Fax: (671)734-3476 P.O. Box 21449 GMF, Guam 96921Email: [emailprotected] Website: http//www.pbsguam.org
Notices to either party provided for herein shall be sufficient if sent by certified mail, postageprepaid, addressed to
Landlord: Guam Educational Telecommunications CorporationP.O. Box 21449GMF, Guam 96921
Tenant: Guam Educational Radio Foundation, Inc.13 Deans Circle, University of GuamMangilao, Guam 96923
or other such addresses as the parties may designate to each other in writing from time totime.
IN WITNESS WHEREOF, the parties have executed the agreement on this
______
day of
_______________________
2016.
I.ANDLORD: TENANT:
DARRYL A. TAGGERTY CHRISTOPHER HARTIGGeneral Manager, PBS Guam General Manager, KPRG-FM
KATHLEEN AGUON, ChairGuam Educational Telecommunications Chair, Guam Educational Radio FoundationCorporation Board of Trustees Board of Trustees
APPROVED ASTO FORM:
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Chamorro Land Trust CommissionLicense Agreement
THIS AGREEMENT is mode effecHve as of January 1, 2007 by and between theChamorro Land Trust Commission whose mailing address is P.O. Box 2950,Hagatna, Guqm 96910 (“Ucensor”) and KGTF-TV12, whose mailing address is P.0. Box 21449, G.M.F., Guam, 96921 (“Licensee”);
RECITALS
WHEREAS, Licensor has jurisdiction Lot 1 O-R3 Block D, Tract 9 Municipality ofBarrigoda, Guam, by virtue of the Administrative Transfer of Jurisdiction ofCertain Government of Guam Lands” dated January 19, 1994. recorded underDocument No. 503740 at the Department of Land Management; and
WHEREAS, KGTF-TV12, a publicly owned and operated Non Profit PublicEducation Telecommunications Corporation, has continued to demonstrate itsinterest to the Government of Guam for the lasf five (5) years in commerciallyleasing Lot 10-R3 Block D, Tract 9 Municipality of Barrigada, Guam, hereinafterreferred to as the “PROPERTY” for purposes of constructing and operating anAntennae Site with Trans-miter Building Facilities, And;
WHEREAS, KGTF-TV 12, is a recipient of a Digital Distribution Fund Grant thatwill provide the financing of the planning development and construction of theaforementioned facilities, and;
WHEREAS, such facilities will enhance Guam Residents the receivership ofpublic education programs by KGTF-TV 12, and;
WHEAREAS, The Chamorro Land Trust Commission has recognized theimpact and overwhelming benefits that public education broadcastingactivities has had on our island community, And;
WHEREAS, KGTF-TV12 is recognized locally as Guam’s pioneer in providingpublic education programs through Tele-communication broadcasting servicesand related activities, and;
WHEREAS, KGTF-TV-12 has demonstrated ifs continued commitment ofproviding these services and related activities for Guam residents, and;
WHEREAS, on September 27, 2006 the Chamorro Land Trust Commission(“CLTC”) received testimony from the Staff and Management of KGTF-W12outlining their intentions, proposed activities, and physical plant layout within thePROPERTY; and
WHEREAS. KQTF-TV12 is particularly interested in the PROPERTY; and;
WHEREAS, the portion of the PROPERTY requested by KGTF-TV12, isundesirable for agricultural use or residential activities; and
WHEREAS, KGTF-TV12 has demonstrated public support for their project; and
WHEREAS, said portion of lot can be used most effectively by KGTF-TV12 and
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WHEREAS, the Chamorro Land Trust Commission has the authority to grant alicense to KGTF-TV12 for such purpose pursuant to 2] Guam Code AnnotatedSection 75107(c); and
WHEREAS, on November 22, 2006, the Chamorro Land Trust Commissionvoted to approved the grant to such license; and
NOW THEREFORE, in consideration of the mutual promises contained in thisAgreement, the parties agree as follows:
GRANT OF LICENSE; DESCRIPTION OF PREMISESUcensor hereby grants to Ucensee a license to occupy and use, subject to
all of the terms and conditions of this Agreement, the following described realproperty:
Lot 10-R3 Block 0, Tract 9 Municipality of Barrigada, Guam, consisting of 5,307÷1- square meters DWG No. l406T699 DLM94 FY 2006as delineated in that certainsketch marked Exhibit “A” attached and made a part hereof;
II
LIMITATION TO DESCRIBED PURPOSE -
The above described real property may be occupied and use by licensee solelyfor the activities proposed by Licensee and for incidental purposes related tosuch purpose from this first day of January, 2007, and continuing until thisagreement is terminated as provided herein. In no event shall licensee beginany required licensed activity without obtaining all requisite authorization andpermits from the appropriate government of Guam Agency or Authority.
Ill
COMPENSATION
Licensor and Licensee expressly acknowledge that compensation for thislicense shall be deferred for a period of Six (6) months from the effective date ofthis Agreement.
Upon expiration of the deferred compensation period, both partiesacknowledge that compensation for this License shaH be equal to One Fourth(1/4) of one percent (1.0%) per month of the fair market value of the PROPERTY,and that the initial fair market value has been determined and mutually agreedupon to be Three Hundred Forty Thousand and 00/00 Dollars ($340000.00).
The initial monthly rental fee is Eight Hundred Fifty and 00/100 Dollars ($850.00)which is based upon One Fourth (1/4) of One Percent (1.0%) of the fair marketvalue of the licensed property. The mDnthly fee is payable monthly in theamount of $850.00 due upon the expiration of the deferred compensationperiod described herein for the remainder of the term of the lease as stated inparagraph I and monthly thereafter.
If Licensee shall exercise its option to extend the term of the Agreement, themonthly fee during the extended term shall be equal to one fourth (1/4) of onepercent (1%) per month of the fair market value of the leased land, exclusive ofthe improvements on the PROPERTY. Determination of fair market value shall bebased on the highest and best use of the land on the applicable rentadjustment date, taking the leasehold into account. The determination.shalltake into account the parties’ agreement that the initial monthfy fee is theabove stated percentage applied to a fair market value of $340,000.00 andshall also take into account any determination of market value made under thislicense for the purpose of adjustments for the period preceding the applicablerent adjustment date.
Ucensor and Licensee mutually agree in accordance with, and made a partof herein, that In-Kind Services Compensation in lieu of Monetary Compensation.
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• t)and or a combination of both monetary and in-kind services compensation mayacceptable by Licensar for rent payments as pad of this License Agreement.Both parties agree that In-Kind Services Compensation shall be defined forpurposes of this agreement, to be the Licensee’s Production and AidimeServices that shall be valued in accordance with the relative rate schedulewhich shall be sanctioned by the Ucensee’s Board of Directors annually andmade available to the Licensor no later than January 301h of each year duringthe term of this agreement. Both parties expressly acknowledge that this form ofcompensation for the purposes stated herein will only be acceptable if Licensordesires to utilize Ucensee’s Production Services for promoting Ucensor’sprograms and services.
Nolwithstanding Article IX of the Agreement, Ucensee, may, at Licensee’sdiscretion, and without Ucensor’s prior written consent, provide space and/oraccommodations to others than the Licensee, for additional antennae andrelated equipment upon and/or within their facilities and tower; providedfurther, Licensee shall:
Provide written notification to Licensor.
VI
TERMINATION
This Agreement may be terminated by either party on ninety (90) days priorwritten notice to the other party for cause through the non-compliance of anyprovisions of the Chamorro Land Trust Act or any adjudicated regulations of theLicensor. Pursuant to 21 Guam Code Annotated Section 75107(c) the term ofthis Agreement may not exceed iwenty-one (21) years. Upon termination bynotice or expiration of twenty-one (21) years, this Agreement shall become nulland void, except that Licensor may enforce any and all obligations of Ucenseearising out of acts or failure to act, occurring prior to such termination.
V
TAXES AND FEES
Any and all taxes, fees and assessments levied UDfl The real property descñbedherein shall be borne and paid for the Licensee.
VI
NO INTEREST IN REAL PROPERTYLicensee expressly acknowledges and agrees that it does not and shall notclaim at any time any interest or estate of any kind or extent whatsoever in theabove described real property of Licensor, by virtue of the rights granted underthis Agreement or its occupancy or use granted herein.
VII
ASSIGNMENT OF RIGHTS
The rights of Licensee under this Agreement are personal to Licensee and maynot be transferred or assigned to any other person, firm, corporation or otherentity.
VIII
INDEMNIFICATION OF LICENSORIn consideration of the privilege granted by this Agreement, Licensee shall notclaim any costs, claims or damages from Licensor in connection with or onaccount of any injuries or damages arising in or on the real property describedabove regardless of the fault or negligence of Ucensor while being used byLicensee and Licensee’s Officers, employees, members, guest or invitees andLicensee from an y and all costs, losses, claims or damages of any kind or naturearising in connection with the use of the real property described above byLicensee and Licensee’s officers, employees, members, guests or invites.
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NO WARRANTY
Ucensor does not warrant or represent that the real property described above issuitable for the purposes for which it is permitted to be used, nor that theLicensee is specifically entitled to the issuance of nay permits necessary to carryout any activity on said real properly.
x
ENTIRE AGREEMENT
This Agreement shall constitute the entire agreement between the parties andany prior understanding or representation of any kind preceding the date of thisAgreement shall not be binding upon either party except to the extentincorporated in this Agreement.
MODIFICATION OF AGREEMENTAny modification of this Agreement or additional obligation shall be binding onlyif evidenced in writing signed by each party or an authorized representative ofeach party.
xl’
GOVERNING LAW
It is agreed that this Agreement shall be governed by, constructed, andenforced in accordance with the laws of the Territory of Guam.
XIII
NO WAIVER
The failure of either party to this Agreement to insist upon the performance ofany of the terms and conditions of this Agreement, or the waiver of any breachof any of the terms and conditions of this Agreement, shall not be construed asthereafter waiving any such terms and conditions, but the same continue andremain in full force and effect as if no such forbearance or waiver hadoccurred.
XIV
BINDING EFFECT
This Agreement shall bind and insure to the benefit of the respective successorsof the parties.
Xv
NOTICES
Any notice provided for or concerning this Agreement shall be in writing andshall be deemed sufficiently given when sent by certified or registered mail issent to the respective address of each party as set forth at the beginning of thisAgreement.
XVI
REMOVAL OF IMPROVEMENTS UPON TERMINATION
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Upon termination Licensee, at Licensee’s sole experience, shall remove allimprovements constructed or erected on the real properly described herein.IN WITNESS WHEREOF, each party to this Agreement has caused it to beexecuted at Hagatna, Guam on the due date and year first above written.
XVII
INDEMNIFICATION OF CHAMORRO LAND TRUST COMMISSIONNotwithstanding anything to the contrary in this Lease and irrespective of anyinsurance carried by Tenant for the benefit of Chamorro Land Trust Commission,Tenant agrees to hold Chamorro Land Trust Commission harmless from any claimor demand by third persons for loss, damage, or injury including claims forproperty damage, personal injury or wrongful death occurring in, on, or aboutthe Premises, including sidewalks and parking areas adjacent thereto, oroccasioned by any nuisance mode or suffered on the Premises, or by any firethereon, or growing out of, or cause by any failure on the part of the Tenant tomaintain the Premises in a safe condition and will reimburse Chamorro LandTrust Commission for all costs and attorneys’ fees in connection with the defenseof any such claim.
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PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCETenant will procure, at its own cost and expense and keep in force during saidterm for the mutual benefit of Chamorro Land Trust Commission and Tenant, apolicy of comprehensive liability insurance in such form and with such insurancecompany as Chamorro Land Trust Commission shall approve, with minimumlimits of not less than $ 300,000.00 for injury or death to one person and not lessthan $ 100,000.00 for any one occurrence, and a policy in the sum of $100,000.00 insuring against claims of third persons for property damage. Saidpolicy or policies or copies thereof must be deposited with the Chamorro Land
Trust Commission and must cover the Premises, including entrances to thePremises and sidewalks and parking areas adjacent to the Premises. Chamorro
Land Trust Commission may review the foregoing limits of coverage and require
increases therein but shall not require increases more frequently than annually.
Said policy or policies shall also contain a clause stating that the insurer will notcancel or change the insurance coverage without first giving Chamorro Land
Trust Commission and Tenant Thirty (30) days’ prior written notice of such changeor cancellation.
xlPRE-EXISTING CONDITIONS AND RELEASE OF LIABILITY
Parties recognize there may be known or unknown pre-existing conditions onsubject property, and agree to hold each other harmless from any liability arisingout of such conditions.
IN WITNESS THEREOF, each party to this Agreement has caused it to beexecuted at Hagatna, Guam, on the due date and year first above written.
By:
_______________
By: 4r—m
OS P1H M. kNA j%ieiine 0. Ronand inistrativ irector (Acting) General Manager
C morro Land Trust Commission KGTF-TV12
Date:
_________________
Date:
__________
a a
ACKNOWLE DGEMENT
FLO1 —
On this
______
day of Ixtirn ta—, 2006, before me the undersignednotary personally appeared Joseph M. Borja (Acting), AdministrativeDirector, known to me to be the person whose name is subscribed to thewithin instrument and for it’s stated purpose.
In witness whereof I have hereunto affixed my name and official seal.
Notary Public_____________________My Commission Expires
Teresa T.TopasnaNOTARY PUBUC
InsMbGuanUflMY 7UT*i0n E*c: Ju, 22 2009
L°’ Bac 2958, Hooflo, Gumn 96932
On this
______
day of
___________
20J, before me the undersignednotary personally appeared JACfac(cte 0. known to me tobe the person whose name is subscribed to the within instrument and forit’s stated purpose.
In witness whereof I have hereunto affixed my name and official seal.
Notary Public,My Commission
JOEY 0. LEON GUERJ{ERONOTARY PUBLICin and for Guam. U.S.A.MyCamj,,j0 Expire,; Oct 31, 2009P.O. Box 2950. Hagatno Guam e8932
c-c
0 0FACT SHEET
Licensee: KGTF-TV 12
POC Address: P.O. Box 21449 GMFBarrigada, Guam 96921
Legal Description: Lot lO-R3, Block D, Tract 9, Barrigada Heights
Land Area: 5,307 square meters
PropertyImprovements:
License Term: Not to exceed 21 years from January 1, 2007.
Expiration: December 31, 2028
Current RentalRate: Currently, all rent has been deferred. Normally, rent is ¼ of 1% per month
of the fair market value of the property, initially determined to be $340Kor $850. In-kind services can be used as rent payment (see OtherConditions below)
Payment Due Date: Payable monthly
Escalation: If licensee exercises option to extend, monthly fee shall be ¼ of 1% permonth of the fair market value of the leased land, exclusive ofimprovements. Determination of FMV shall be based on the highest andbest use of the land “taking the leasehold into account.”
Other Rents: None
Assignment!Subletting: Licensee may, without licensor’s consent, provide space andlor
accommodations to others for additional antennae and related equipmentupon and/or within their facilities and tower but must provide writtennotification to licensor.
The rights of licensee are personal and may not be transferred or assignedto any other person, firm, corporation or other entity.
Estoppel:
Sub-Subleases:
It
CHAMORRO LAND TRUST COMMISSIONBoard of Commissioners Meeting
October 20, 2016
SIMPLICIA T. GARRIDO — REQUEST TO APPROVE $34,237.00 FOR DISBURsem*nT FOR THE PURCHASE OFIMPROVEMENTS
1. fa*gS:
a. Location: Lot 11, Block 2, Tract 10314, Municipality of Dededo
b. Lot Size/Lease Type: 1000± s.m., Residential Lease
c. Lease Instrument Number: 893165
d. Field Description: The property is a single dwelling unit located in Dededo. The lot consists of
1,000 square meters and an improvement of 400 square feet. The property contains crops, but
typical to a residential use.
2. CHRONOLOGICAL fa*gS:
a. May 25, 2004: Residential Lease executed between CLTC and Simplicia Techaira Garrido, for l.ot
11, Block 2, Tract 10314, containing an area of 1000 square meters; lease term commencing on
May 25, 2004 and ending on May 25, 2103.
b. February 19, 2015: CI.TC Regular Meeting, discussion on Simplicia T. Garrido’s request to
relinquish lease back to CLTC and reimbursem*nt for improvements.
c. March 9, 2015: CLTC receives letter from Lessee, Simplicia T. Garrido, requesting to surrender
lease and compensation for the cost of the home on the property.
d. June 4, 2015: Letter from CLTC to Simplicia Garrido, response to Mrs. Garrido’s March 9, 2015
letter requesting to surrender lease
3. STAFF ANALYSIS:
Simplicia Garrido’s request to surrender her lease has been reviewed and was acceptablefor further processing and authorized by Z1GCA, Chapter 75, §75109(a). A review of the
three (3) appraisals were procured, one of which was named by the Commission, one by
the lessee and the third selected by the two appraisers. The attached is an appraisal
assessment for your review.
We have determined the Value of the improvements, less the appraisal costs to be
$34,237.00.
MARGARITA BORJA 1
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Cbef Apcraisa!sSKETCH ADDENDUM Fits No. A-9895
Case No.
Borrower Not applicable.Property Address Lot 11 Block 2 Tract 10314City Dedado County Dededo State CU Zip Code 96929
Lender/Client Department of Land Management Address 590 S.Msr[ne Corps Dri,ie Culls 733 ITC Buildng. Thmun[ng. Cu 06913
U,
CN
r.e fl& ra r._a.o_
Comments:
20’
s.As.oRr :4OiAOLAI Firat Floor 400.00 400.00 Float Floor0TH Concrete Pad 52.71 00.0 x 20.0 400.00
Storage 7.29 60.00
Net LIVABLE Area (rounded) 400 1 Item (rounded) 400
UAO Version 9/2011 Produced by CtickFOPMS Software 800.622.8727 Page 14 27
File No. A-9895Case ND.
FRONT OFSUBJECT PROPERTYLot 11 Block2Tract 10314Dededo, GU 96929
REAR OFSUBJECT PROPERTY
STREET SCENE(UNDEVELOPED ACCESS)
Rr,rrowor Not anolicable.
Chief AppraisalsSUBJECT PHOTO ADDENDUM
Property Address Lot 11 Block 2 Tract 10314
çjy Dedodo County Dededo Stale GU lp Code 96929
irrrdericHrrt Department ot Land Management Address 590 SJ.adn.Cn Drive Sude 723 ITO BuOding, Tanuning. CU G9I3
Page 15 ot 27
File No, A-9695Case No.
SUBJECT CURRENT CORALACCESS ThRU L6B.2T.10314
VIEW OF SUBJECTLIVING ROOM
VIEW OF SUBJECTKITCHEN/DINING
Borrower Not apolicable.
Chief AppraisalsSUBJECT PHOTO ADDENDUM
Property Address Lot II Black 2 Tract 10314City Dededo Counly Dededo Slab CU Zip Code 96929
Lender/Clienl Department of Land Manaqemenf Address sac S.Marlne Corps Once Stile 733 ‘iC Building. Tamuning. CU 96913
Page 16 of 27
Chief AppraisalsSUBJECT PHOTO ADDENDUM File No. A-9895
Case No.Borrower Not applicable.Propetly Address Lot 11 Stock 2 Tract 10314City Dededo County Dededo State SU Zip Code 96929Lender/Client Department of Land Management Address sso SMane Co’ Orve Suite 73S nc Buitding. Tamuning. CU 959fl
WOOD & TIN IMPROVEMENTS(TO BE DEMOLISHED)
WOOD & TIN IMPROVEMENTS(TO BE DEMOLISHED)
VIEW OF SUBJECT QUICKRELEASE ON SECURITY GRILLES
UAD Version 9/2011 Produced by CIickFORMS Software 800-622-8727 Page 17 ot 27
21 GCA REAL PROrERTY
Cu. 75 CnAIoRRo LAND TRUST C0NIMISSI0N
Section 4. Deposit of Funds into the Qharnorro Land Trust Survey Fund.Funds received s/la!! be deposited into the Chaniorro Land Trust Sun’ev
Fund, created by Public Law 33-090.
§ 75108.1. Cottage Industry Activity Authorized.
(a) In accordance with the laws of Guam, and subject to rules andregulations promulgated by the Chamorro Land Trust Commission,residential and agricultural leaseholders are authorized to conduct small-scale cottage industry activities, in which goods and services are producedprimarily within their leased residential and agricultural lots and in which thetotal net income earned on those lots does not exceed Fifty Thousand Dollars($50,000) per annum. The following cottage industry activities areauthorized:
(I) Farm Produce & Light Agriculture.
(2) Baking & Producing Foodstuff.
(3) Arts & Crafts.
(4) Cultural Practitioning.
(5) Alternative Medicine (Suruhanu/Suruhana,).
(6) Dress Making.
(7) Growing & Selling Plants and Flowers.
(8) Repair of Personal Effects.
(b) The Charnorro Land Trust Commission shall, pursuant to theAdministrative Adjudication Act, promulgate rules and regulationsgoverning cottage industry activities. These rules and regulations shallinclude environmental considerations to protect the quality of life forsurrounding residents.
SOURCE: Added by P.L. 28-059:2 as § 75108.50, re-numbered by Compiler since§ 75108.2-75108.50 do not exist. Subsection (a) amended by P.L. 30-075:2 (Nov.27, 2009).
§ 75109. Successors to Lessees.
(a) Upon the death of the lessee, his interest in the tract or tracts and theimprovements thereon, including growing crops (either on the tract or in anycollective contract or program to which the lessee is a party by virtue of hisinterest in the tract or tracts), shall vest in the relatives of the decedent as
16
C0L62720 I 6
21 CCA REAL PROPERTYCu. 75 CIIAM0RR0 LAND TRUST COMMISSION
previous lessee or the legal representative of the deceased lessee, as the casemay be, and the third shall be selected by the two appraisers hereinbeforementioned.
(b) After the cancellation of a lease by the Commission in accordancewith the provisions of § 75110 or § 75114 of this Chapter, or the surrenderof a lease by a lessee, the Commission is authorized to transfer the lease or toissue a new lease to any qualified Chamorro regardless of whether or not heis related in any way by blood or marriage to the previous lessee.
(c) Should any successor or successors to a tract be a minor or minors,the Commission may appoint a guardian therefor subject to the approval ofthe Superior Court. Such guardian shall be authorized to represent thesuccessor or successors in all matters pertaining to the leasehold: provided,that said guardian shall, in so representing such successor or successors,comply with the provisions of this Chapter and the stipulations andprovisions contained in the lease, except that said guardian need not be anative Chamorro as defined in § 75101 of this Chapter.
SOURCE: GC § 13508 repealed and reenacted by P.L. 12-226.
§ 75110. Cancellation of Leases.
Whenever the Commission has reason to believe that any conditionenumerated in § 75108 or any provision of § 75109 ofthis Chapter has beenviolated, the Commission shall give due notice and afford opportunity forahearing to the lessee of the tract in respect to which the alleged violationrelates or to the successor of the lessee’s interest therein, as the casedemands. If upon such hearing the Commission finds that the lessee orsuccessor has violated any condition in respect to the leasing of such tract,the Commission may declare his interest in the tract and all improvementsthereon to be forfeited and the lease in respect thereto canceled and shallthereupon order the tract to be vacated within a reasonable time. The right tothe use and occupancy of the Chamorro homelands contained in such tractshall thereupon revest in the Commission and the Commission may takepossession of the tract and the improvements thereon.
SOLRCE: OC § 13509 repealed and reenacted by P.L. 12-226.
§ 75111. Community Pastures.
The Commission shall, when practicable, provide from the Chamorrohomelands a community pasture adjacent to each village.
SOURCE: OC § 13510 repealed and reenacted by P.L. 12-226.
18
C0L6272016
0 0 5
CHAMORRO LAND TRUST COMMISSIONBoard of Commissioners Meeting
Sep emflQO4€0 c•<- ‘i.DJ ‘l.O\o
United States Postal Service — Dededo License Renewal
1. FACTS:a. License: Authorized by2l GCA, §75107(c)b. Building 125, Iglesias Circle, Dededo: 318 square feetc. Existing License Agreement: March 1, 2002 to February 28, 2007 with two
renewal options of 5 years eachd. Insurance: CLTC not indemnified — Current lease does not stipulate any type
of insurance coveragee. Use of Property: U.S. Post Office
2. Findings:a. Lessee does not pay real property taxes.b. No verification of insurance coverage.c. Lease is not recorded with the Department of Land Management.d. CLTC is liable for general conditions, maintenance riders, and Lessor
responsibilities that is not common terms and conditions in other CLTCcommercial leases/licenses.
e. Last 5-year term rate amended without board approval.f. Lease standard Postal Service lease, not CLTC lease.g. Current rental rate amended without board approval.
3. Recommendation:a. Execute a CLTC commercial license for a period of 1 year with 4 renewal
options each with a five year term totaling 21 years as authorized by 21 GCA,§75107(c).
b. Lease building as is.c. Execute a one year commercial license with an option to renew 4 times every
5 years with a rental escalation of 10% after the first year and every 5 year termthereafter:
1) March 1, 2017 to February 28, 2018 - $5,500.00 annual rental fee2) March 1, 2018 to February 28, 2023 -$6,050.00 annual rental fee3) March 1, 2023 to February 28, 2028 - $6,655.00 annual rental fee4) March 1, 2028 to February 28, 2033 - $7,320.50 annual rental fee5) March 1, 2033 to February 28, 2038 - $8,052.55 annual rental fee
CHAMORRO LAND TRUST COMMISSIONUNITED STATES POSTAL SERVICE - DEDEDO
U
1 Section 114. One Hundred Twenty Thousand Five Hunt
2 Thirty-Five Dollars ($120,535) are Fereby appropriated from the Gen
3 Fund to the Guam State Council on Vocational Education (“SCOVE”) for
4 purpose of matching the federal funds which SCOVE receives.
5 Section 115. ‘(a) Notwithstanding any other provisions of k
6 the Governor of Guam and the Director of Land Management may gr;
7 public access and utility easem*nts through government of Guam lands
8 serve the needs of landlocked properties within Guam. provided. howev
9 that the such easem*nts grant shall only be for the purpose
1 0 accommodating landlocked properties.
11 (b) All grants of public access and utility easem*nts shall prope
1 2 be surveyed and deLineated on maps made at the expense of thc
1 3 requiring the easem*nts and shall be done under the direction of
1 4 Department of Land Management.
I S (c) Grant of easem*nt maps shall be executed by the Governor ai
1 6 the Director of Land Management under a special notation within ea
17 map.
I 8 (d) Ten Thousand Dollars ($10,000) are hereby appropriated fro
1 9 the General Fund to the Department of Land Management to administ
2 0 the provisions of subsections (a). (b), and (c) of this Section.
2 1 Section 116. Notwithstanding any other provision of law and tt
22 provisions of Public Law 15-18 and Public Law 18-39. the Governor
2 3 Guam is authorized to amend the lease to Lot No. 10154-4, containing
2 4 area of 202,343+ square meters and situated between the Municipalities
25 Dededo and Yigo and particularly depicted on Land Management Drawin
26 No. 14-86T269, prepared by the Government of Guam Land Surve
27 Division, made between the Government of Guam and the KuSan Americ
56
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0 07
CHAMORRO LAND TRUST COMMISSIONBoard of Commissioners Meeting
September4ö
Memorandum of Agreement between Department of Agriculture (DoAg) and
Chamorro Land Trust Commission (CLTC) for Conservation Easem*nts
1. FINDINGS:
a. CLTC holds significant tracts of land along the north eastern side of Guam rich withlimestone forests that contain unique plants species.
b. CLTC has expressed need to protect areas such as the region from Fadian toAndersen AFB.
c. Guam Department of Agriculture, Forestry & Soil Resources Division requested theuse of such lands for conservation efforts to protect rare and endangered plant species
d. DoAg has the expertise to assist CLTC in determining the boundaries necessary forcreating conservation easem*nts within the CLTC lands
e. DoAg has the expertise of managing conservation easem*ntsf. CLTC, with Department of Land Management, Survey Division, has the expertise to
parcel tracts of land on survey maps to have them dedicated as conservationeasem*nts
2. RECOMMENDATIONS:
a. Engage in a Memorandum of Agreement between the Chamorro Land TrustCommission and the Department of Agriculture to do the following:
(1) DoAg consult on the creation of the conservation easem*nts;(2) DoAg manage the forestry and conservation efforts on the CLTC conservation
easem*nts;(3) Both entities determine necessary rules or procedures on the use of these
easem*nts;(4) Other mailers that may be necessary.
3. EXHIBIT: DoAg Letter
CHAMORRO LAND TRUST COMMISSIONDOAG—CLTCMOA
1
Department of Agriculture
Ray TeaorioLt. Governor
Director’s OfficeAgricultural Dew. ServicesAnimal HealthAquatic & Wildlife ResourcesForestry & Soil ResourcesPlant NurseryPlant Inspection Facility
300-3965166; Fax 734-6569300-7972/73300-7965735-3955/56; Fax 734-6570300-7975/77; Fax 300-3201300-7974475-1426/27; Fax 477-9487
August 25, 2016
To: Mr. Michael J.B. BoijaDirector, Department of Land Management590 S. Marine Corps DriveSuite 733 ITC BuildingTamuning, Guam 96913
From: Mr. Matthew SablanDirector, Department of Agriculture163 Dairy Road, Mangilao, Guam 96913
REF: Lot No. 7146, Municipality of Yigo
Hafa Adai Mr. Borja:
(rPRP’n{FWUii[ll\!I I)
2013
1t-T;met
Guam Forestry & Soil Resources Division (FSRD) respectfully requests for the authorization to use thereference property: Lot No. 7146, Municipality of Yigo, for conservation efforts. Conservation effortswill include planting several species of Guam’s rarest plants and endangered species on the lot.
Should you have any questions regarding this request, please contact Joseph Mafnas, Forestry & SoilResources Division Chief, or Bel Soliva, Forest Stewardship Program (FSP) Coordinator at 300-7977/5or email joseph.maffias(aricultjre.guam.gov or belmina.soliva@a%riculture.gllam.Rov.
Respectfully,
Enclosure:Lot No. 7146, Municipality of Yigo Property Map
0 0
DipâttamentonAgrikottura163 Dairy Road, Mangilao, Guam 96913
Eddie Baza CalveGovernor
Matthew LG. SablanDirector
Jessie B. PalicanDeputy Director
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CHAMORRO LAND TRUST COMMISSIONBoard of Commissioners Meeting
-Septemfl2o+&lOjZDjI6
TeleGuam Holdings, LLC License Agreement for Submerged Land Use
1. FINDINGS:
a. TeleGuam Holdings, LLC, dba GTA, needs to connect a submerged ocean cable to aland junction station in Piti
b. Submerged lands fall under the control of the CLTCc. License agreement is needed for the submerged land used. Communication cable will connect to an established easem*nt on land for connection
to junction statione. License agreement is authorized by 21GCA §75107(c) for up to 21 years for public
utilities such as GTAf. Annual payments is based on another similar licenseg. Annual payments in this proposed license will increase eight percent every five yearsh. License is for a twenty year period
2. RECOMMENDATIONS:
a. Pass motion to approve license agreement
3. EXHIBIT: Proposed license agreement
CHAMORRO LAND TRUST COMMISSION
GEDA—CLTCMOU
(Space Above Line for Recorder’s Use Only)
2 LICENSE AGREEMENT-I2
45 This License Agreement (“Agreement”) is made this — day of
_______,
2016, by6 and between the Chamorro Land Trust Commission (CLTC) (“Licensor”) and TeleGuam7 Holdings, LLC dba OTA (“Licensee”). Licensor and Licensee may hereafter be referred to8 individually as a “Party” or collectively as the “Parties.”9
10 WHEREAS, Title 21, Guam Code Annotated, Chapter 75, Section 75107 (c),11 authorizes the Chamorro Land Trust Commission, the Licensor, to grant licenses for terms of12 not to exceed twenty-one (21) years to public utility companies; and1314 WHEREAS, except as otherwise provided by law, Licensor has jurisdiction over15 submerged lands transferred to the Government of Guam by the United States pursuant to the16 Territorial Submerged Lands Act, 48 USC 1700 et seq.; and1718 WHEREAS, Licensee has been a provider of telecommunications services in19 Guam for over sixty years serving residential, business, and local and federal government20 customers in Guam; and2177
23 WHEREAS, Licensee plays a critical role in providing international24 telecommunications connectivity, including access to the internet; and2526 WHEREAS, Licensee is a member of the South East Asia — US Cable System27 Consortium (the “Consortium”), which is endeavoring to build and implement a state of the2$ art, high capacity fiber-optic submarine cable system connecting Guam, Philippines,29 Indonesia, Hawaii and USA to support critical communications requirements; and3031 WHEREAS, this new submarine cable will improve physical capacity of32 telecommunications connectivity between Guam and the world, which will result in improved33 telecommunications efficiency; and34
LICENSE AGREEMENTBETWEEN TELEGUAM HOLDINGS, LLC AND CHAMORR0 LAND TRUST COMMISSIONPAGE 1
WHEREAS, the submarine cable will also provide additional physical redundancy,2 which is critical to ensure that telecommunications remain viable during natural catastrophes3 and other emergency conditions; and45 WHEREAS, Licensee, as the Consortium’s designated landing party for Guam, has6 determined that the most efficient area to land the submarine cable is through the Tepungan7 channel and reef flat on Pedro C. Santos Memorial Park in Piti, Guam in order to reach8 Licensee’s existing facility directly across Marine Corps Drive in Piti; and9
10 WHEREAS, Licensee is currently seeking a Department of the Army permit for workIt in waters of the US. and is providing its Guam Coastal Management Program Consistency12 Certification application in accordance with the Coastal Zone Management Act; and1314 WHEREAS, Licensee is currently seeking a seashore clearance permit through the15 Guam Seashore Protection Commission, pursuant to the Seashore Protection Act of 1974 for16 work within the seashore reserve identified below; and,1718 WHEREAS, Licensee has reached an agreement with the Mayor of Piti and the Piti19 Municipal Planning Council for the use of Pedro C. Santos Memorial Park in Piti (“Santos20 Park”); and2122 WHEREAS, Licensor has determined that the uses proposed by the Licensee are23 appropriate use of the Tepungan reef flat and channel described herein.2425 WHEREAS, on
________________
Licensor voted to approve the grant of a license to26 Licensee.2728 NOW THEREFORE, in consideration of the mutual promises and covenants herein,29 the Parties agree as follows:3031 1. GRANT OF LICENSE; DESCRIPTION OF PROPERTY3233 Licensor hereby grants to Licensee, effective as of the date of this Agreement, a34 license to occupy and use, subject to all the terms and conditions of this Agreement, for the35 purpose of constructing, installing and maintaining conduits and the landing of undersea36 cables, the following described real property:3738 A 6 feet wide by 560 feet section of the Tepungan Reef Flat adjacent to and39 abutting Pedro C. Santos Memorial Park, Portion of Lot No. 262 Cable40 Raceway Easem*nt, Piti, Guam, as depicted on DCA survey sketch map41 identified as DWG. NO. DCAI-S-15-5, dated May 10, 2016, prepared by42 Nestorio C. Ignacio, P.L.S. No. 65 , a copy of which is marked Exhibit “A”43 attached hereto and made a part hereof (the “Licensed Property”).4445 Licensee’s conduits shall be buried. The general public shall have the continuing right46 to use the reef flat and to enter on or cross any portion of the Licensed Property for fishing and
LICENSE AGREEMENTBETWEEN TELEGUAM HOLDINGS, LLC AND CUAMORRO LAND TRUST CO%IMISSIONPAGE 2
1 other recreational purposes and Licensor reserves the right to itself and to the agents and2 representatives of the Government of Guam, to enter on and cross any portion of the Licensed3 Property for the purpose of performing any public or official duties; provided, however, that4 in the exercise of such rights, Licensor and the general public shall not unreasonably interfere5 with Licensee’s use and enjoyment of the rights granted by this Agreement.67 2. LIMITATION TO DESCRIBED PURPOSE89 The Licensed Property may be occupied and used solely for the activities proposed by
10 Licensee and for incidental purposes related to the landing of undersea cables. In no event11 shall Licensee conduct any activity on the Licensed Property without obtaining all requisite12 authorizations and permits from the appropriate Guam and federal government agencies or13 authorities. Licensee shall comply with all requirements imposed under all such authorizations14 and permits and, more generally, shall comply with all applicable Guam and federal15 government laws, rules and regulations relating to its activities on the Licensed Premises.1617 3. TERM1819 The term of this Agreement shall be for a period of twenty (20) years, commencing20
__________,
2016 (the “Commencement Date”) and ending at midnight on
_____________
21 2036 (the “Termination Date”) unless it is terminated or extended pursuant to the terms22 herein.2324 4. RENEWAL2526 Not less than ninety (90) days prior to the Termination Date, Licensee may provide27 written notice to Licensor to enter negotiations to renew this Agreement. The Parties shall28 consider renewal of the Agreement in good faith.2930 5. COMPENSATION3132 a. Licensee shall pay to Licensor an annual license fee of Five Thousand Dollars33 ($5000.00) per year. The annual license fee shall be payable on or before January 1st of each34 year, except that Licensee shall pay the fee for the year 2016 upon execution of this35 Agreement.3637 b. The license fee shall be subject to an escalation rate of 8% on each fifth (5th)38 year anniversary of the Commencement date as follows:3940 Year 1-5 $5,000.00 per year41 Year 6-10 $5,400.00 per year42 Year 11-15 $5,832.00 per year43 Year 16-20 $6,298.56 per year4445 6. TERMINATION46
LICENSE AGREEMENTBETWEEN TELEGUAM HOLDINGS, LLC AND CIIANI0RR0 LAND TRUsT COMMISSIONPAGE 3
This Agreement may be terminated by Licensor for cause upon written notice to2 Licensee. For purposes of this Agreement, cause shall mean the non-compliance with any of3 the terms of this Agreement, the Chamorro Land Trust Act or any adjudicated regulations of4 Licensor, which non-compliance continues unabated for ninety (90) days after such written5 notice. Upon termination or expiration of this Agreement, unless extended pursuant to the6 terms herein, this Agreement shall become null and void, except that Licensor may enforce7 any and all obligations of Licensee arising out of acts or omissions occurring prior to such8 termination or expiration.9
10 7. TAXES AND FEES1112 Any and all taxes, fees and assessments, to include taxes on improvements to the13 Licensed Property and assessments of payments in lieu of real property taxes, as provided14 pursuant to Section 9 of Public Law 24-168, levied upon the Licensed Property shall be borne15 and paid by Licensee.1617 8. NO INTEREST IN REAL PROPERTY1819 Licensee expressly acknowledges and agrees that it does not and shall not claim at any20 time any interest or estate of any kind or extent whatsoever in the Licensed Property by virtue21 of the rights granted under this Agreement or its occupancy or use granted herein.77
23 9. ASSIGNMENT OF RIGHTS2425 The rights of Licensee under this Agreement are personal to Licensee and may not be26 transferred or assigned to any other person, firm, corporation or other entity; provided,27 however, that Licensee may, without Licensor’s consent, lease or transfer conduit or duct28 space to third parties landing undersea cables, and provided, further, that Licensee may,29 without Licensor’s consent, assign its rights to any person acquiring all of Licensee’s assets in30 Guam on condition that the assignee assumes all of Licensee’s obligations under this31 Agreement.3233 10. INDEMNIFICATION OF LICENSOR3435 In consideration of the privilege granted by this Agreement, Licensee shall not claim36 any costs, claims or damages from Licensor in connection with or on account of any injury or37 damage arising in or on the Licensed Property regardless of the fault or negligence of38 Licensor, while the Licensed Property is being used by Licensee, or Licensee’s directors,39 officers, employees or lessees. Licensee shall indemnify Licensor from and against any and all40 costs, losses, claims or damages of any kind or nature arising out of or in connection with41 Licensee’s use of the Licensed Property.4243 11. NO WARRANTY4445 Licensor does not warrant or represent that the Licensed Property is suitable for the46 purposes for which it is permitted to be used by Licensee, nor that Licensee is specifically
LICENSE AGREEMENTBETWEEN TELEGUAM HOLDINGS, LIC AND CHAMORRO LAND TRUST COMMISSIONPAGE 4
I entitled to the issuance of any permits necessary to carry out any activity on the Licensed2 Property.34 12. ENTIRE AGREEMENT56 This Agreement shall constitute the entire agreement between Licensor and Licensee7 and any prior understanding or representation of any kind preceding the date of this8 Agreement shall not be binding upon either party except to the extent incorporated in this9 Agreement.
10II 13. MODIFICATION OF AGREEMENT1213 Any modification of this Agreement or additional obligation shall be binding only if14 evidenced in writing signed by each party or an authorized representative of each party.1516 14. GOVERNING LAW1718 This Agreement shall be governed by, construed and enforced in accordance with 2119 GCA, Chapter 75 and the laws of Guam generally.2021 15. NO WAIVER2223 The failure of either party to this Agreement to insist upon the performance of any of24 the terms and conditions of this Agreement, or the waiver of any breach of any of the terms25 and conditions of this Agreement, shall not be construed as thereafter waiving any such term26 or condition, but the same shall continue and remain in full force and effect as if no such27 forbearance or waiver had occurred.2829 16. BINDING EFFECT3031 This Agreement shall bind and inure to the benefit of the successors of the parties.3233 17. NOTICES3435 Any notice provided for or concerning this Agreement shall be in writing and shall be36 deemed sufficiently given when sent by certified or registered mail or hand-delivered to the37 respective address of each Party as set forth below:3839 Licensor Chamorro Land Trust Commission40 Attn: Administrative Director41 P.O. Box 295Q42 Hagatna, Guam 969324344 Licensee Teleguam Holdings, LLC45 Attn: Andrew M. Gayle, Chief Operating Officer46 624 N. Marine Corps Dr.
LICENSE AGREEMENTBETWEEN TELEGUAM HOLDINGS, LLC AND CHAMORRO LAND TRUST COMMISSIONPAGES
1 Tamuning, Guam 969137
3 18. REMOVAL OF IMPROVEMENTS UPON TERMINATION45 Upon the termination or expiration of this Agreement, Licensee shall, at Licensee’s6 sole expense, remove any improvements constructed or erected on the Licensed Property.7 Notwithstanding the foregoing, Licensee shall have the right to abandon in place any buried8 conduit.9
10 19. INDEMNIFICATION OF CHAMORRO LAND TRUST COMI’.USSION1112 Notwithstanding anything to the contrary in this Agreement and irrespective of any13 insurance carried by Licensee for the benefit of Licensor, Licensee agrees to hold Licensor14 harmless from any claim or demand by third persons for Loss, damage or injury, including15 claims for property damage, personal injury or wrongful death occurring in, on or about the16 Licensed Property, including any sidewalks and parking areas adjacent thereto, or occasioned17 by any nuisance made or suffered on the Licensed Property, or by any fire thereon, or growing18 out of, or caused by any failure on the part of Licensee to maintain the Licensed Property in a19 safe condition and will reimburse Licensor for its reasonable costs and attorney’s fees in20 connection with the defense of any such claim.2122 20. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE23 Licensee will procure, at its own cost and expense, and keep in force during the term24 of this Agreement for the mutual benefit of Licensor and Licensee, a policy of comprehensive25 liability insurance in such form and with such insurance company as Licensor shall approve,26 with minimum limits of not less than $300,000 for injury or death to one person and not less27 than $100,000 for any one occurrence, and a policy in the sum of $100,000 insuring against28 the claims of third persons for property damage. A copy of such policies shall be provided to29 Licensor at Licensor’s request. Licensor may review the foregoing limits of coverage and30 require increases therein but shall not require increases more frequently than annually. The31 policy or policies shall contain a clause stating that the insurer will not cancel or change32 insurance coverage with first giving Licensor and Licensee thirty (30) days prior written33 notice of such change or cancellation.3435 21. PRE-EMSTING CONDITIONS AND RELEASE OF LIABILITY3637 Licensor and Licensee recognize and acknowledge there may be known or unknown38 pre-existing conditions on the Licensed Property and agree to hold each other harmless from39 any liability arising out of such conditions.40
LICENSE AGREEMENrBETWEEN TELEGUAM HOLDINGS, LLC AND CHAMORRO LAND TRUST COMMISSIONPAGE 6
1 IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement on the2 dates below stated.34 LICENSOR: LICENSEE:5 CHAMORRO LAND TRUST TELEGUAM HOLDINGS, LLC6 COMMISSION DBA GTA789
_______________________________________ _______________
10 PASCUAL A. SABLAN
_________
11 Chairman,
_______________
1213 Date:
______________________________
Date:
_________
141516 APPROVED AS TO LEGALITY17 AND FORM181920
_________________________________
21 ELIZABETH BARRETT-ANDERSON22 Attorney General of Guam2324 Date:
____________________________
252627 APPROVED:282930
_________________________________
31 HONORABLE EDDIE BAZA CALVO32 Governor of Guam3334 Date:
___________________________
35
LICENSE AGREEMENTBETWEEN TELEGUAM HOLDINGS, LLC AND CHAMORRO LAND TRUST COMMISSIONPAGE 7
TCLTC
CHAMORRO LAND TRUST COMMISSION
RESOLUTION NO. 2016-16
Declaration and Position of a License Agreement
for TeleGuam Holdings, LLC, ciba GTA, Submerged Land Use
WHEREAS, Title 21, Guam Code Annotated, Chapter 75, Section 75107 (c), authorizes the
Chamorro Land Trust Commission, the Licensor, to grant licenses for terms of nDt to exceed twenty-
one (21) years to public utility companies; and
WHEREAS, except as otherwise provided by law, Licensor has jurisdiction over submerged
lands transferred to the Government of Guam by the United States pursuant to the Territorial
Submerged Lands Act, 48 usc 1700 et seq.; and
WHEREAS, TeleGuam Holdings, LLC, dba GTA, the Licensee, is a provider of
telecommunications services in Guam for over sixty years serving residential, business, and local and
federal government customers in Guam; and
WHEREAS, Licensee plays a critical role in providing international telecommunications
connectivity, including access to the internet; and
WHEREAS, Licensee is a member of the South East Asia — us Cable System Consortium (the
“Consortium”), which is endeavoring to build and implement a state of the art, high capacity fiber-
optic submarine cable system connecting Guam, Philippines, Indonesia, Hawaii and USA to support
critical communications requirements; and
WHEREAS, this new submarine cable will improve physical capacity of telecommunications
connectivity between Guam and the world, which will result in improved telecommunications
efficiency; and
WHEREAS, the submarine cable will also provide additional physical redundancy, which is
critical to ensure that telecommunications remain viable during natural catastrophes and other
emergency conditions; and
WHEREAS, Licensee, as the Consortium’s designated landing party for Guam, has determined
that the most efficient area to land the submarine cable is through the Tepungan channel and reef
flat on Pedro C. Santos Memorial Park in Piti, Guam in order to reach Licensee’s existing facility
directly across Marine Corps Drive in Piti; and
WHEREAS, Licensee is currently seeking a u.s. Army Corps of Engineer permit for work in
waters of the u.s. and is providing its Guam Coastal Management Program Consistency Certification
application in accordance with the Coastal Zone Management Act; and
WHEREAS, Licensee is currently seeking a seashore clearance permit through the Guam
seashore Protection Commission, pursuant to the Seashore Protection Act of 1974 for work within
the seashore reserve identified below; and,
WHEREAS, Licensee has reached an agreement with the Mayor of Piti and the Piti Municipal
Planning Council for the use of Pedro C. Santos Memorial Park in Piti (“Santos Park”); and
WHEREAS, Licensor has determined that the uses proposed by the Licensee are appropriate
use of the Tepungan reef flat and channel described herein; and
WHEREAS, license agreement shall include compensation over the term of the agreement to
include an escalation rate of eight percent on each fifth year anniversary of the commencement date;
and
WHEREAS, on
________________,
Licensor voted to approve the grant of a license to Licensee.
NOW THEREFORE BE IT RESOLVED,
1. The Chamorro Land Trust Commission Board of Commissioners approves the issuance of a
license agreement to TeleGuam Holdings, LLC, dba GTA, forthe purpose of laying a submarine
cable on submerged lands controlled by the Chamorro Land Trust Commission; and
2. Licensee shall compensate Licensor forthe use of the submerged lands for the duration of the
terms of the license agreement; and
3. The license agreement shall not be for a period greater than twenty-one years but may be
renewed upon written notice declaring intent and desire to enter negotiations to renew the
agreement; and
4. The Chamorro Land Trust Commission Board of Commissioners transmits this Resolution, with
the license agreement, to the Attorney General of Guam and the Governor of Guam for their
respective approvals.
DULVAND REGULARLYADOPTED BY THE CHAMORRO LAND TRUST COMMISSION THIS______ DAY
OF OCTOBER 2016.
_______________________________________
Date:
PASCUAL A. SABLAN, Chairman
Chamorro l.and Trust Commission
_______________________________________
Date:
MICHAEL LB. BORJA, Administrative Director
Chamorro Land Trust Commission
9
CHAMORRO LAND TRUST COMMISSIONBoard of Commissioners Meeting
October 6, 2016
Bill No. 374-33: Designate of Portion of Lot 5173, Tamuning as a Chamorro
Shrine and the Reinterment of Ancestral Remains
1. FINDINGS:
a. Designates approximately 43,027 square meters (10.6 acres) from Oka Point (akaYpao Point) for a Chamorro Shrine to reinter and entomb about 2000 ancient remains
b. Portion of land being designated is shown on Exhibit A and is a large strip along thecliff/hill top of the lot
c. The “Rock” being expressed as the interment site is also the location of one of Guam’soriginal geodetic triangulation survey monument identified as “GGN0002.”
d. GGN0002 is the basis point for almost all surveys done in this portion of Guam andlinks to other geodetic triangulation survey monuments established on Guam duringthe US Naval Government era and is integral to the integrity of Land Cadastre.
e. A secondary geodetic triangulation survey monument identified as “GGN1767” is alsoon this proposed area
f. Estimated assessed value: $5,437,630q. This site has been proposed for commercial use by CLTCh. Bill does not authorize any funds to pay for the cost of a survey of this lot portioning
2. RECOMMENDATIONS:
a. Geodetic triangulation survey monuments must be preservedb. Use another lot for the Chamorro Shrine
(1) Lot 5173-1-R2NEW-4, Tamuning, 4,129 square meters but size can be adjusted.This is located on the southern edge of the proposed area behind the HealingHearts facility
(2) T1722, B3, LR17, Mangilao in the area currently being proposed as a biodiversityconservation easem*nt for Hatdin Amot Chamorro. This lot is 35 acres and theshrine could be placed in a more serene location
c. Express the CLTC position with a resolutiond. Require legislative funding authorization to survey the selected lot
CHAMORRO LAND TRUST COMMISSIONBILL NO. 374-33 CHAMORRO SHRINE FOR 1ANCIENT REMAINS
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.3
CHAMORRO LAND TRUST COMMISSIONBoard of Commissioners Meeting
October 6, 2016
Bill No. 375-33: Designate of Portion of Lot 5173, Tamuning to Lease to Kotturan
Chamoru
1. FINDINGS:
a. Designates approximately 34,419 square meters (8.5 acres) tram Oka Paint (aka Ypao Paint)for lease to Inadahen I Lina’la’ Kotturan Chamoru, Inc., an nonprofit corporation, Departmentof Revenue and Taxation Charter No. D-1 5191.
b. Lease is for 99 years with no termination provisions at $1 per yearc. Bill does not define the use of the land by this corporationd. Bill does not provide a reversionary clause in the event the designated lessee fails to use the
property in accordance with its chartere. Portion of and being designated is shown on Exhibit A and is a large strip along the cl*tt/hill top
of the lotf. Estimated assessed value: $4,349,775g. This site has not been proposed tar commercial use by CLTCh. Inadahen I Lina’la’ Kotturan Chamoru, Inc., an nonprotit corporation, is required by law to file
annual reports to the Department of Revenue and Taxation but tailed to tile a report in 2015and 2016
i. According the DRT, this organization has not filed any changes to its officers/directorsj. Inadahen I Lina’Ia’ Kotturan Chamoru, Inc. is currently engaged in a license agreement with
the Chamorro Land Trust Commission under the following terms;a. Not to exceedS years trom December 1, 2006 to December 1,2011 with 3 successive
5 year options to extendb. Written notice requesting to extend is required but licensee did not exercise their option
to extend and has been using the facility ever sincec. Payment terms of the license is 5% of each dollar collected as an entrance fee
2. RECOMMENDATIONS:
a, Contractual terms should be tor 20 years with 4 options to renewb. Lessee organization must maintain nonprofit statusc. Lessee organization must be current on all necessary reports and a copy ot files reports
furnished to the CLTCd. Lessee shall not assign, transfer, or subleasee. Reversionary clause shall be added in the event the designated lessee fails to use the property
in accordance with its charter, defaults on the terms at the lease, or tails to maintain its nonprofitstatus
CHAMORRO LAND TRUST COMMISSION
BILL NO. 375-33 LEASE AUTHORIZATION FOR 1KOTrURAN CHAMORU
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CHAMORRO LAND TRUST COMMISSIONBoard of Commissioners Meeting
October 20, 2016
Inadahen I Lina’Ia Konuran Chamoru License
1. FINDINGS:
a. Designates approximately 34,419 square meters (8.5 acres) from Oka Point (aka Ypao Point)for lease to Inadahen I Linala’ Kotturan Chamoru, Inc., an nonprofit corporation, Departmentof Revenue and Taxation Charter No. D-1 5191.
b. Lease is for 99 years with no termination provisions at $1 per yearc. Bill does not define the use of the land by this corporationd. Bill does not provide a reversionary clause in the event the designated lessee fails to use the
property in accordance with its chartere. Portion of land being designated is shown on Exhibit A and is a large strip along the clifflhill top
of the lotf. Estimated assessed value: $4,349,775g. This site has not been proposed for commercial use by CLTCh. Inadahen I Lina’la’ Kotturan Chamoru, Inc., an nonprofit corporation, is required by law to file
annual reports to the Department of Revenue and Taxation but failed to file a report in 2015and 2016 until October 17, 2016
I. Inadahen I Lina’la’ Kotturan Chamoru, Inc. is currently engaged in a license agreement withthe Chamorro Land Trust Commission under the following terms:
a. Not to exceed 5 years from December 1, 2006 to December 1,2011 with 3 successive5 year options to extend
b. Written notice requesting to extend is required but licensee did not exercise its firstoption to extend and has been using the facility ever since
c. Payment terms of the license is 5% of each dollar collected as an entrance feed. Licensee submitted a letter, dated October12, 2016, requesting to exercise its second
option to extend the license agreement another five years (see reverse page)
2. ACTION REQUIRED:
a. Determine if request to exercise second option to extend license agreement for another fiveyears should be accepted
b. Set period of time when all necessary report filings and financial disclosure publications mustbe received by CLTC
c. Receive a business plan for use of the land and activities licensee will engage ind. Other actions as requested by the board
CHAMORRO LAND TRUST COMMIS5ON
INADAHEN I LINALA KOUURAN CHAMORU ILICENSE
v1!—
October 12,2016
Michael J.B. BoriaAdministrative DirectorChamorro Land Trust CommissionDepartment of Land Management, Government of GuamTamuning. Guam 96931
Hafa adai Mr. Borja, -
On behalf of our nonprofit organization, Inadahen I Lina’la Kotturan Chamoru, Incorporated, we arewriting to respectfully request an extension of our license agreement issued by the Chamorro LandTrust Commission for Lot 5173-1-R2New-4, in the Municipality of Tamuning, where we manageand operate Sagan Kotturan Chamoru (SKC), the Chamoru cultural center. We respectfully requestto extend the license for the first period of 5 years (2011-2016) and second period of 5 years(2016-2021), as outlined in our License Agreement made effective December 1,2006.
Our organization has dedicated countless hours and resources over the past ten years, with the first8 years committed to improving and upgrading the property and facilities. We opened to the publicin 2014, and have worked over the past two years providing numerous tours, workshops,demonstrations, and other programs with school groups, language students, cultural educationgroups, artists, seafarers, healers, visitors, and more. SKC also played a vital role during theFestival of the Pacific Arts, hosting delegations from throughout the region, without financialsupport or compensation. We have provided all of these services without charging entrance fees orrental fees, or generating any other forms of income, other than donations for repairs and water.
We remain registered licensees for the lot and, until recently, have maintained our filing of reports.Since no revenues have been generated or collected at SKC, there are no payment obligations to bemet at this time. Our board members remain committed to the payment agreement, as well asupdating all reports to the Department of Revenue and Taxation and the Commission, andmaintaining our tax-exempt status.
We sincerely appreciate your consideration of our request We look fo%rtworking with youand to your response. Thank you and Un Dangkulo’ Na Si Yuos M%se. -
4rards,
\ JnuZ/(T—An MQ( ft £ce’esident
A,ltlhments:- Annual Reports Filed with the Guam Department of Reveni
List of Activities, Audiences, and Estimated Project Value
Inadahen I Lina’Ia Kotturan ChamoruP.O. Box 130
Hagâtna, Guam 96932
LI
Summary of Appraisalsfor Chamorro Land Trust Commission Lands
Authorized to be Transferred With Compensation toGuam Waterworks Authority
GWA Santa Rita Appraisals P.L. 33-172
Lot 470-R3, Municipality of Santa Rita (2,855 sq m)
1. Micronesian Appraisals $116,000
Dated: October 10, 2016
As Zone ‘Ri”
2. Cornerstone Valuation $74,000
Dated: September 22, 2016
As Zone “Ri”
FAIR MARKET VALUE $95,000
GWA Astumbo Appraisals P.L 33-173
Portion of Lot 10164-1, Municipality of Dededo (1,852 sq m)
1. Micronesian Appraisals $80,000
Dated: August 30, 2016
As Zone “A”
2. Captain & Associates $49,000
Dated: September 26, 2016
As Zone ‘A’
FAIR MARKET VALUE $64,500
GWA Tamuing Appraisals P.L. 33-174
Lot 5075-REM-A NEW 1, Municipality of Tamuning (5,686 sq m)
1. Micronesian Appraisal5 $360,000
Dated: August 30, 2016
As Zone “RZ”
2. Captain & Associates $360,000
Dated: September 23, 2016
As Zone “R2”
FAIR MARKET VALUE $360,000
TOTAL $519,500
GWA Appraisals 101816chamorro Land Trust commission 10/20/2016
Chamorro Land Trust Commission — Inspection ReportPARCEL: (Lot, BIk., Tract) Municipality: Date of Inspection:Lot 10164 Dededo 10/20/2016
Land Agent(s): /MLG
COMMISSION APPROVED PLAN:
LX) Planned Development — Agricultural [ ) Planned Development - Commercial
I ) Planned Development — Single Family [ J Parksf J Planned Development — Multi-Family [ J Government
LANDUSE OBSERVATIONS:
[X) Farming [ ) Government, Local
[ j Ranching [ ] Government, Federal
fX] Single Family Residential [ ] Industrial
[ ) Multi-Family Residential / Total Units:___ [ j Undeveloped[ ) Commercial / Type:[ X Other, specify:
NAME OF OCCUPANT: Telephone:• CRUZ JOSEPH D.
LUP# (If any): Name of LUP Holder:
Percentage of parcel used: Approximately 1.5 acre used for farming.
UTILITIES SERVICED:
[Xj Water [Xl Power I I Sewer [ ) Telephone f ) Septic Tank
STRUCTURES:[ ) Concrete [ ) Semi-concrete [X] Woodifin j ] Approximate Size:
[ ] Fully Improved [ ) Semi-Improved [ ) Unimproved [ X) Trail
COMMENTS: Site inspection conducted 10/20(1 6.
Site inspection findings are as follows:
1. Site inspection of subject lot confirms Notice of Violation issued by Guam Environmental ProtectionAgency (GEPA).
2. Farming activity does not support five (5) acres ground lease agreement.
S. Recycle goods and construction materials found on premises.
4Burning of miscellaneous items without a valid permit.
GuAMZi ENVIRONMENW PROTECTION AGEN
— AFIENSIAN FLU) F[KSION LIN,1A GUAIIAN
EDDIE BAZACALV0 RAY TENORIOGOVERNOR OF GUAM Li GOVERNOR OF GUAM
EQ. Box 22439 BARRIGADA. GU %92I EPA.GUAM.GOV
Mr.JosephD.Cruz ) OCT 192015 j DLI S ZUIQ
Property OwnerP.O. Box 7037 The 1.59W nuTamuning, Guam 96931
RE: Notice of Violation, Order of Compliance and Administrative Penalty OrderNOV!OCIAPO No. 16-029
Dear ?qfr. Joseph D. Cmz:
You are hereby advised that this Notice of Violation/Order of Compliance/Administrative Penalty
Order NOV/OC/APO No. NOV16-029 is being issued to you, for solid waste violations observed on
Lot 1010-64, located along Ysengsong Road, in the municipality of Dededo.
Guam EPA is charged with the responsibility of implementing the Solid Waste Management and
Litter Control Act (SWMLCA), as amended, Chapter 51 of Title 10, Guam Code Annotated (G.C.A.),
Public Law No. 23-64, and the Guam Hazardous Waste Management Regulations, Chapter 30, Title
22, Division 6, Guam Administrative Rules and Regulations (GHWMR).
10 G.C.A. Ch. 51, Section 51103(a)(9) states that, “The Agency shall have the authority under this Act
to prepare, issue, modify, remove, and enforce orders for compliance with any of the provisions of
this Chapter, or of any rules and regulations issued pursuant thereto, and requiring the taking of
such remedial measures for solid waste management as may be necessary or appropriate to
implement or effectuate the provisions and purposes of this Chapter”.
10 G.C.A. Ch. 51, § 51103(a)(10) states “The Agency shall have the authority under this Act and other
laws of Guam, pursuant to the Administrative Adjudication Law, to impose and collect penalties
against any person for the violation of any of its rules, regulations or compliance orders issued under
this Chapter.”
10 G.C.A. Ch. 51, § 51115(b) states “Solid Waste-Civil Penalties. Any person who violates any solid
waste management provision of this Chapter, or any valid solid waste management rule or regulation
promulgated under this Chapter, or who refuses or neglects to comply with any lawful order issued
by the Administrator in carrying out the provisions of this Chapter shall, in addition to clean-up costs
and other damages, forfeit and pay a civil penalty of not more than $1,000 per day for each violation
or noncompliance.”
10 G.C.A. Ch. 51, § 51115(e) states in relevant part “Administrative Penalties.” In addition to any
other administrative or judicial remedy provided by this Chapter, or by rules adopted under this
--
1973
Tono ‘ NIV\L/\ S lANG MAN t.INO — ALL LIVING THlNG Of THE t-AI&IH ARE ONF
Chapter, the Administrator is authorized to impose by order the penalties specified in 51115(b) and(d) respectively.”
On September 23, 2016 Guam EPA received a complaint of illegal activities with municipal solidwaste on the aforementioned lot. In response, representatives from Guam EPA conducted a solidwaste investigation and the findings are detailed in the attached Compliance EvaluationInvestigation report.
A detailed Compliance Evaluation Investigation report and photos of the investigation conductedat the site are enclosed.
NOTICE OF VIOLATIONS
Based on the above and foregoing facts, as vell as those contained in the enclosed investigationreport, you are in violation of the following sections of the Guam Solid Waste Management andLitter Control Act, as amended, Chapter 51 of Title 10 G.C.A. and the Guam Solid Waste CollectionRules and Regulations. The statutes and regulations that have been violated are cited below and,together with the facts, are the basis for this Notice of Violation, Order of Compliance, andAdministrative Penalty Order (NOV/OCIAPO).
1. Section 51110(a)(1) states that “It shall be unlawful for any person to violate any provision ofthis Chapter or any rule, regulation, standard, or order issued pursuant to this Chapter.”
> Joseph D. Cruz has violated provisions of the Solid Waste Management and Litter ControlAct, as described above and below, and in the attached investigation report.
2. Section 51110(a)(3) states that “It shall be unlawful for any person to place or allow to beplaced, any solid waste upon the highways, public or private property contrary to theprovisions of this chapter.”Joseph D. Cruz allowed the placement of solid wastes, consisting of jmik vehicles, metalstires, plastics, white goods, electronics, house hold waste and wood waste located onaforementioned property contrary to law, as described above and below, and in the attachedinvestigation report.
3. Section 51110(a)(5) states that “it shall be unlawful for any person to store, collect, transport,
process, or dispose of solid waste in such a manner as to degrade the environment, create apublic nuisance, create a health or safety hazard, or violate any provisions of this Chapter;
> Joseph D. Cruz stored, disposed, and burned solid waste in a manner to degrade the
environment create a public nuisance, and health and safety hazard.
4. Section 51110(a)(8), states that “No person shall destroy or attempt to destroy by burning,except in an incinerator, RRF or plasma torch facility the construction and operation ofwhich is approved by the Administrator, or as may otherwise be authorized by theAdministrator, any garbage, dead animals or other offensive substances, the burning of
Page 2 of S CRUZ NOVOCAPO No. NO Vi 6-029
which may give off foul and noisome odor. Nothing in this Section shall preclude theburning of trees, brush, grass and other vegetable matter authorized by the Administrator.”
> Joseph D. Cruz burned solid waste specifically, house hold waste, tires, scrap metals, glass,
plastics, and wood waste without the authorization of the Administrator of Guam EPA.
ORDER OF COMPLIANCE
Based on the violations cited above, Guam EPA hereby requires Joseph D. Cruz to perform the
following remedial measures within the time frames stated below, from the date of receipt of this
Order:
> Immediately cease all illegal storage/dumping and burning activity of solid waste on
aforementioned lot;> Within 7 days of receipt of this order, segregate, excavate (if applicable), and remove all solid
waste (junk vehicles, metals tires, plastics, white goods, electronics, and house hold waste) from
the above referenced lot and properly dispose of these wastes only at Guam EPA permitted Solid
Waste Management Facilities;> Provide disposal receipts to Guam EPA confirming the final disposition of the solid wastes; and
> Meet with Guam EPA officials to discuss your level of effort in complying with the
remedial measures, settlement and administrative penalties within fifteen (15) calendar
days of the receipt of this notice.
This Order of Compliance is issued under the authority of the Solid Waste Management and Litter
Control Ad, as amended, 10 G.C.A. § 51103(a)(9). If any of the above objectives are not
accomplished in the specified time, additional administrative penalties may be assessed.
Nothing in this Order of Compliance limits the ability of the Guam EPA to enforce any and all
provisions of applicable Guam laws and regulations. Guam EPA does not waive any rights or
remedies available to it.
Failure to comply with this Compliance Order may subject you to additional administrative, civil or
criminal penalties, as deemed necessary and appropriate.
ADMINISTRATIVE PENALTY ORDER
In addition to this Notice of Violation/Order of Compliance, the Administrator of Guam EPA,
pursuant to 10 G.C.A. § 51115 (b) and (e), hereby imposes an administrative penalty. Based on the
inspections and the violations identified on the inspection date, the maximum administrative
penalty for solid waste is up to $1,000 per day, per solid waste violation, for four (4) violations. The
Administrator has used the statutory factors in assessing the amount of the penalty. The factors
include, but are not limited to, the nature and history of these and prior violations, and the
opportunity, difficulty and history of taking corrective action. The factor of whether the solid
wastes are hazardous wastes is not included.
Page 3 of S CRUZ NOVOCAPO No. NOV16-029
If you believe you can meet the mitigating factors identified in the law for a lower penalty than thathereby imposed, then you may petition the Administrator for a penalty adjustment. A Petition for aPenalty Adjustment must reference the mitigating factors in the law, state the mitigatingcirc*mstance, and provide evidence (e.g., documents, sworn statements, pictures) of the mitigatingcirc*mstance. The petition must be in writing and submitted to the Administrator within fifteen (15)days of receipt of this Administrative Penalty Order. A Petition for Penalty Adjustment is a differentprocess than the Notice of Intent to Appeal, also known as a Notice of Defense.
You are presumed under the law to be able to pay the penalty. The burden is upon you of provingthat you do not have the ability to pay the penalty. If you believe that you are unable to pay thepenalty, then you may file an Inability to Pay Statement with the Administrator. The Inability to PayStatement must be sworn under penalty of perjury and must provide the supporting financialdocumentation (e.g., financial statement, tax returns). The Inability to Pay Statement is a differentprocess than the Petition for a Penalty Adjustment, and different than the Notice of Intent to Appealalso known as a Notice of Defense. The Inability to Pay Statement must be submitted to theAdministrator within fifteen (15) days of receipt of this Administrative Penalty Order.
The penalty amount is due and owing fifteen (15) calendar days from the date of receipt of thisAdministrative Penalty Order. The payment due date will be stayed upon the timely filing of a Noticeof Intent to Appeal also known as a Notice of Defense, or of a complete Petition for PenaltyAdjustment, or an Inability to Pay Statement, until such time as a decision is rendered on the Noticeof Intent to Appeal/Notice of Defense, or until the Administrator issues a decision regarding thePetition for Penalty Adjustment, or Inability to Pay Statement.
Failure to comply with this Administrative Penalty Order may subject you to additionaladministrative penalties or civil or criminal actions as described above.
NOTICE OF RIGHT TO APPEAL
You may file within fifteen (15) calendar days of the date of this Notice of Violation/Order ofCompliance/Administrative Penalty Order, a Notice of Intent to Appeal also known as a Notice ofDefense with the Guam EPA’s Board of Directors, setting forth in such Notice of Intent toAppeal/Notice of Defense, a verified petition outlining the legal and factual basis for such an appeal.A form copy of the Notice of Intent to Appeal, also known as a Notice of Defense, is attached for yourconvenience.
Unless a written request for a hearing signed by or on behalf of the person, agency or business entitynamed above in this Notice of Violation/Order of Compliance/Administrative Penalty Order is madeby delivering the enclosed form entitled “Notice of Intent to Appeal (a/k/a Notice of Defense)”, or bydelivering a notice of defense as provided inS G.C.A. Ch. 9, section 9205, to Guam EPA within fifteen(15) calendar days after the Notice of Violation/Order of Compliance/Administrative Penalty Order
Page 4 of 5 CRUZ NOVOCAPO No. NOV1G-029
was personally served on you or mailed to you, Guam EPA may proceed upon the Notice ofViolation/Order of Compliance/Administrative Penalty Order without a hearing.
The Notice of Intent to Appeal and verified petition, also known as a Notice of Defense (a copy ofwhich is enclosed for your convenience), which is a request for hearing, or a Petition for PenaltyAdjustment or Inability to Pay Statement, may be made by delivering the enclosed form entitled“Notice of Intent to Appeal also known as a Notice of Defense”, or by a notice of defense as providedin 5 G.C.A. Ch.9, section 9205, to the following address:
Guam Environmental Protection Agency Board of DirectorsC/o AdministratorAtth: Air & Land DivisionGuam Environmental Protection Agency17-3304 Mariner Avenue, TiyanEarrigada, Guam 96921
The Guam EPA’s Board shall then hold a public hearing, not more than sixty (60) days after receiptof such Notice of Intent to Appeal/Notice of Defense, at which time you may appear and presentevidence in person or through counsel in support of this petition.
Failure to file a Notice of Intent to Appeal and Verified Petition within the period specified abovewill constitute a waiver of your right to a hearing. This also applies if you fail to attend or toparticipate in a hearing that you have requested. Without further notice to you the Order of
Compliance and Administrative Penalty Order will become final and the Agency may proceed uponthe Orders without a hearing.
If you have any questions concerning the technical aspects of this letter, please contact the Solid WasteManagement Program at 300-4751.
Sincerely,
WALTER S. LEON GUERREROAdministrator
Enclosures: Inspection ReportNotice of Intent to Appeal (aka Notice of Defense)
cc: CHRONO/ SWMP FILE
Page 5 of S CRUZ NOVOCAPO No. NOV1 6-029
GUAMENVIRONMENTAL PROTECTION AGENCY
AIIENSIAN PRuTEKSI0N 1.IN GUAF IAN
EDDIE BAZACALVO R.AYTENORIOGO\’ERNOft OF GUAM Li GOVERNOa OF GuAM
P.O. BOX 22439 BARRIGADA, Cu %921 EI’AGuAM.cOv
Solid Waste
Compliance Evaluation Inspection Report
Purpose: NOV/OC/APO No.16-029
Date of Investigation: September 23, 2016
Facility Name: N/A
EPA ID Number: N/A
Site Location: Portion of Lot 101 0-64, Dededo, Guam
Owner: Mr. Joseph 0. Cruz
Property Manager: N/A
Alleged Violator: Mr. Joseph D. Cruz
Mailing Address: Post Office Box 7037, Thmuning, Guam 96931
Contact Number:
GEPA Representatives: Glenn San Nicolas
Phone: 300-4751
Report Date: 9-23-2016
[QUO I NlLAL\ N TANO \L\N UNO ALL ILVINC IHINLb OF iNC FARrH ARE ONE
Joseph 0. Cruz
Lot 1010-64, Dededo, Guam
On September 23, 2016, Guam EPA responded to a complaint received from the Guam FireDepartment alleging the burning of solid waste oil Ysengsong Road (Lot 1010-64) in themunicipality of Dededo. In response, a representative from Guam EPA conducted a solid wasteCompliance Evaluation Inspection.
During the investigation, Guam EPA was accompanied by Mr. Joseph D. Cruz, owner of theproperty, and observed the burn area measuring approx. (30’ x 10’) reported by the Guam FireDepartment. Miscellaneous solid waste were observed near the burn area such as wood waste,
scrap metals, tires, and plastics. Within the burn area, remnants of fiberglass and MSW were noted.
Guam EPA also observed were evidence of two other areas located between the rear of theproperty and the house containing similar burnt waste residuals. In addition, approximately 50 spentfire extinguishers, approx. 70 waste tires, steel belt wires from tires, and misc, constructiondemolition debris, smashed television screens and electronics and misc. solid waste in thevegetation were observed surrounding the property. Also noted were approx. 20 junk vehicles and
or remanence/parts of vehicles.
Photos of the inspection were taken.
Illegal Dumping Site Map
Figure 1INSPECTION
Page 2 of 18 CRUZ CEI NovocAPo No. Novls-o29
Lot No. 101 0-64
Dededo, Guam
.4
1•a
Date Taken: 9-23-2016
Location: West side Irearl of the nronerW
Description: Burnt pile 1IGFD resDonse site) of misc. solid waste, metals and tires
Photo No.1
Page 3 of 18 CRUZ CEI NOVOCAPO No. NoVi 6-029
Lot No. 101 0-64
Date Taken: 9-23-16
Dededo, Guam
Location: West side Irearl of the nrouerW
Description: Burnt solid waste trash and misc. scran metals
Photo No. Z
Page 4 of 18 CRUZ CEI NOVOCAPO No. NO Vi 6-029
Lot No. 101 0-64
Date Taken: 9-23-2016
Dededo, Guam
Location: West of the properw (back side
Description: Burt Pile 2 consisting of similar burnt waste/ Waste tires, metal drums and misc.
plastic debris along the vegetation.
Photo No.
Page 5 of 18 CRUZ CEI NOVOCAPO No. NOV16-029
Lot No. lQla-64
Dededa, Guam
______
Photo No.4
Date Taken: 9-23-2016
Location: West of the properly Iback sidil
Description: Burt Pile 3 consisting of similar burnt waste! Waste tires, metal drums and misc.
plastic debris aIon the vegetation.
Page 6 of 18 CRUZ CEI NOVOCAPO No. NOV16-029
Lot No.1010-64
Date Taken: 9-23-2016
Dededo, Guam
Location: West of the oronerW (back sidel between the burn area 1 and the house
Description: Misc. metals in the bin Itire steel belt removed from the tire) spent fire
extinguishers, tires aIon the vegetation
I
Photo No.
Page 7 of 18 CRUZ CEI NOVOCAPO No. NO Vi 6-029
Lot No. 101 0-64
Date Taken: 9-23-2016
Dededo, Guam
Location: West of the uroperw (back side) between the burn area 1 and the house
Description: Misc. plastic debris, and metal drums in the vegetation
Photo No.6
Page 8 of 18 CRUZ GEl NOVOCAPO No. NOV16-029
Lot No. 101 0-64
Dededo, Guam
C .CTh
Photo No.2
Date Taken: 9-23-2016
Location: West of the property (back side) between the burn area 1 and the house
Description: Misc. plastic debris construction debris, and misc. solidwaste in the vegetation
Page Sot 18 CRUZ CEI NOVOCAPO No. NOV16-029
Lot No. 1010-64
Date Taken: 9-23-2016
Dededo, Guam
Location: West of the prooertv (back side) between the burn area I and the house
Description: Tires and overturned vehicle along the vegetation. Collected from the residence.
Photo No.
Page 10 of 16 CRUZ CS NOVOCAPO No. NO Vi 6-029
Lot No. 1010-64
Date Taken: 9-23-2016
Dededo, Guam
Location: West of the property Iback side) between the burn area 1 and the house
Description: Misc. cylinders, and electronic debris in the vegetation
Photo No.9
Page 11 of 18 CRUZ CEI NOVOCAPO No. NOV16-029
Lot No. 101 0-64
Dededo, Guam
Photo No. j
Date Taken: 9-23-2016
Location: West of the property (back side) just past burn site 1
Description: Tunk vehicles in the vegetation
Page 12 of 18 CRUZ CEI NOVOCAPO No. NOV16-029
Lot No. 101 0-64
Date Taken: 9-23-2016
Dededo, Guam
Location: West of the nroperw (back sid& between the burn area land the house
Description: Burn area 3. lunk car
Photo No.11
Page 13 of 18 CRUZ CEI NOVOCAPO No. NOV16-029
Date Taken: 9-23-2016
Lot No. 101 0-64
Dededo, Guam
Location: West of the urouerW (back side) between the burn prep 3 and the house
Description: Junk car and misc. parts
Photo No. 12
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Page 14 of 18 CRUZ CEI NOVOCAPO No. NOV1S-029
Lot No.1010-64
Date Taken: 9-23-2016
Dededo, Guam
Location: West of the properw (back side) between the burn area 3 and the house
Description: Junk vehicles
Photo No. fl
Page 15 of 18 CRUZ CEI NOVOCAPO No. NOV1 6-029
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Lot No. 101 0-64
Dededo, Guam
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Photo No. jj
Date Taken: 9-23-2016
Location: South west of the properw Isid&
Description: junk vehicles and bus 1
Page 16 of 18 CRUZ CEI NOVOCAPO No. NOV16-029
Lot No. 101 0-64
Dededo, Guam
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Photo No. j
Date Taken: 9-23-2016
Location: South west of the property Isid&
Description: lunk vehicles and bus 2, waste tires
Page 17 of 18 CRUZ CEI NOVOCAPO No. NOV16-029
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Date Taken: 9-23-2016
Lot No. 101 0-64
Dededo, Guam
Location: South west of the property [side
Description: junk vehicles and a pile of stuff
Photo No. i.
Page 18 of 18 CRUZ CEI NOVOCAPO No. NOV16-029
Guam Environmental Protection Agency
NOTICE OF INTENT TO APPEAL(AKA NOTICE OF DEFENSE)
I,
_________________________________________,have
received your Notice of Violation, Order ofCompliance andlor Administrative Penalty Order dated____________ charging me for violationsand/or imposing penalties and/or other orders, and I wish to:
(Please check appropriate sections)
A. Request for a hearing and
1. Object to the accusation on the ground that it does not state acts or omissionsupon which the Agency can proceed.
0 2. Object to the form of the accusation on the ground that it is so indefinite orambiguous that I cannot identify the infraction or prepare my defense.
SIGNATURE
DATE
P.O. Box 22439, GMF,Barrigada, Guam 96921
C
C 3. Wish to prepare new matter in my defense.
C 4. Admit to the accusation in part.
o B. Admit to the accusation in whole.
O C. Verified Petition: Under penalty of perjury I hereby declare that the followingconstitutes my legal and factual basis for this appeal:
My mailing address is:
[please continue on blank sheet of paper if more space is needed and attach tothis paper)
GUAM EPA CASE NO.: NOV/OC/APO No. NOV16-029
Chamorro Land Trust CommissionAugust 2016 Revenue Collection Report
Land LeaseLand LeaseLand LeaseLand LeaseLand LeaseTOTAL
CLT- Sale of Govt landCLT - Sale of Govt landCLT-Saie of Govt landCIT - Sale of Govt LandT - Sale of Gov’t LandTOTAL
GRANT TOTAL
$10.00$12.00$20.00$25.00$15.00$82.00
$3,427.35$60.00$70.00
$100.00$32.54
$3,689.89
$45,283.01
08/08/1608/08/16
2216119459
08/15/1601M16015571
3624-54202
08/25/162216122561
3624-54202
Date pus ecspti Account ND. Account Name Amount Name08/01/16 2216116167 3624-52101 Application Fee $5000 Joseph S. Topasna08/08/16 2216119222 3624-52101 ApplicatIon Fee $50.00 Alvsse M. Mateo08/09/16 2216120310 3624-52101 Application Fee $5000 Gerald Hodges08/12/16 2216121569 3624-52101 ApplIcation Fee $50.00 Rachellynn Marie Cruz08/16/16 2256123420 3624-52101 Apllcaflon Fee $50.00 Quichocho Dan August08)22/16 2216125248 3624-52101 ftppllcatlon Fee $100.00 Arthur A. Fejarang08123/16 2216126111 3624-52101 ApplIcation Fee $50.00 Rosalani Duenas Centeno08/23/16 2216126285 3624-52101 Appllcauon Fee $50.00 Sheen Marie Mendiola08/25/16 2216127307 3624-52101 ApplIcation Fee $50.00 Gabriel Guerrero08/29/16 01M16015435 3624-52101 ApplicatIon Fee 550,00 lesus T. Terlaje08/31/15 DLM16015440 3624-52101 ApplIcation Fee $50.00 Katdna Rios Borja
TOTAL $600.00
08/01/16 J160611805 3624-54201 CommercIal Lease $769.68 ThE08/04/16 DLM16015355 3624-54201 Commercial Lease $1,348.68 KM Broadcasting of Guam08/05/16 2216118826 3624-54201 Commercial Lease $4,445.40 Hawaiian Rock Products08/05/16 2216118822 3624-54201 CommercIal Lease $4,000.00 The Guam Racing Federation08/11/16 2216121399 3624-54201 CommercIal Lease $1,592.70 Docomo Pacific08/11/16 2216121400 3524-54201 CommercIal Lease $850.00 Mo$an08)12/16 2216122009 3624-54201 CommercIal Lease S21,858.25 Guam International Country Club, Inc.08/16116 2216122819 3624-54201 CommercIal Lease $1,039.08 Choice Phone, ftC08/16/16 2216123413 3624-54201 CommercIal Lease $3,500.00 Agfayan, Inc.08/30/16 2216128962 3624-54201 Commercial Lease $1,335.51 UnIted States Postal
TOTAL $40,739.30
J160611976 / Aug’16 Interest for various bank08/31/16 1622410210 3624-54101 Interest Income $171.82 account
TOTAL $17112
08/30/160LM16015423
3624-54202
22161289973624-542023624-54202
08/19/16
Nauta Jesse C.
08/24/162216125181
Efiza Meno San Nicolas
08/24/162216127012
3669-57001
Ana Aguon Deraco
08124/15
clanissa Tudeb
22161270133669-57001
08/31/162216127014
3669-57001
Judy Ann Rosarlo Benavente
D1M160154423669-570013669-57001
Annie MzolaTherese Manglona
Annie ArizolaAnne AtlzoiaJesse C Naputi
Chamorro Land Trust Commission
September 2016 Revenue Collection Report
Date P05 Receipt U Account No. Account Name Amount Name09/01/16 16015444 3624-52101 Application Fee $50.00 Lani Mae Hernandez09/12/16 16015478 3624-52101 Application Fee $50.00 Jermain Jathon Aguigui Mendiola09/13/16 2216134226 3624-52101 Application Fee $50.00 Frank F. Cruz09/14/16 2216134974 3624-52101 Application Fee $50.00 Anthony N. Gumataotao09/14/16 2216134974 3624-52101 Application Fee $50.00 rfl5h J. Gumataotao09/15/16 2216135518 3624-52101 Application Fee $50.00 DominicanS. Banks09/16/16 2216136401 3624-52101 Application Fee $50.00 Grace M. Christman09/16/16 2216136418 3624-52101 Application Fee $100.00 Wells, Elaine09/21/16 2216138418 3624-52101 Application Fee $50.00 Matilde Taitano Jesus09/29/16 2216141061 3624-52101 Application Fee $50.00 Ralph Philip Chiguina09/29/16 2216141478 3624-52101 Application Fee S50.0O Kenneth John L.G. Hufalar09/29/16 2216141835 3624-52101 Application Fee $50.00 Kevin James Luke Hufalor09/30/16 2216142268 362452101 Application Fee $50.00 Jason Martin Cruz Borja
TOTAL $700.00
09/01/16 J160611987 3624-54201 commercial Lease/License $769.68 IT&E (fund transfer)09/01/16 2216130382 3624-54201 Commercial Lease/License $1,592.70 Docomo Pacific09/06/16 2216131773 3624-54201 Commercial Lease/License $10,000.00 Guam International country Club, Inc.09/13/16 2216134336 3624-54201 Commercial Lease/License $1,090.05 Sorenson Pacific Broadcast09/14/16 16015491 3624-54201 Commercial Lease/License $156.00 Evelyn C. Lujan09/15/16 2216135658 3624-54201 Commercial Lease/License $1,348.68 KM Broadcasting of Guam LLC dba: KTKB09/19/16 16015508 3624-54201 Commercial Lease/License 511,858.25 Guam International Country Club, Inc.09/20/16 2216137445 3624-54201 Commercial Lease/ucense $850.00 Moycom09/20/16 2216137449 3624-54201 Commercial Lease/License $1,592.70 Docomo Pacific09/26/161 2216140154 3624-54201 Commercial Lease/License $3,500.00 Agfayan, Inc.09/26/16 2216140222 3624-54201 ICommercial Lease/License $10,000.00 Guam International Country Club, Inc.09/29/16 2216141883 3624-54201 ICommercial Lease/License $4,000.00 The Guam Racing Federation
‘TOTAL $45,988.38
09/15/16 22l6l35520i 3624-54202 Land Lease 520.00 Martha B.5. Mcleod09/15/16 2216135775: 3624-54202 Land Lease $99.00 Perez, Linda R.09/15/16 2216135780’ 3624-54202 Land Lease $99.00 Wilson Jean M.09/15/16 2216135857 3624-54202 Land Lease $79.00 Gilbert C, Pascua09/16/16 2216136374 3624-54202 Land Lease $99.00 Billy Padrones09/20/16 2216137313’ 3624-54202 Land Lease 599.00:Clarissa Pangelinan Charfauros09/20/16 2216137771 3624-54202 Land Lease $99.00Anthony A. Arriola09/20/16 2216137600 3624-54202 Land Lease $99.OOlKlsa Jennifer Borja09/20/16 2216137602 3624-54202 Land Lease $99.00Tasilynn Borja-Alvarado09/22/16 2216138714 3624-54202 Land Lease $94.Osllncanasion L.T. Camacho09/28/16 2216137744 3624-54202 Land Lease $20.OOIJuan I. Castro
TOTAL $9oGMs
09/02/16 2216131083 3669-57001 CLT - Sale Govt Land $243.00 Benny Leon Guerrero09/13/16 2216134744 3669-57001 UT - Sale Govt Land $4,725.22 Frederick Benton (Dec)09/19/16 2216137034 3669-57001 CLT - Sale Govt Land $570.00 Juan C. Meno /Angela Meno Laguana09/19/16 16015500 3669-57001 CLT - Sale Govt Land $3,593.67 Dana Reyes Santos c/o Yvonne JR.09/19/16 2216137183 3669-57001 kIT - Sale Govt Land $117.00 Annie Arizola09/19/16 2216137185 3669-57001 1CLT - Sale Govt Land $100.00 Annie Arizola09/19/16 2216137187 3669-57001 CLT - Sale Govt Land $209.00 Annie Arizola09/20/16 2226137751 3669-57001 CIT - Sale Govt land $4,015.93 Melvin & Grace Zapagos09/22/16 2216138778 3669-57001 CLT - Sale Govt Land 54,741.31 Raymond M. Mesa09/23/16 2216139265 3669-57001 CLT- Sale Govt Land $5,355.00 Cassandra Diego09/26/16 2216139830 3669-57001 CLT - Sale Govt Land $1,000.00 FaJardo P. Crisostomo c/o Marl Cris F.09/26/16 2216137744 3669-57001 CLT- Sale Govt Land $2,500.00 Sally Cruz Roberto09/26/16 2216140159 3669-57001 CLT- Sale Govt Land $2,252.88 Norma Jean Balbas
TOTAL $29,423.01
GRANT TOTAL $77,017.44
Co,nmission Mcii: hen
Pascuat V.A .Sablan(lulinjuin
Joseph I. Cr,,:Vice Chain,u:,:
Ausanda L.G.SantosC ‘OflIitIiSSU ncr
Gyongyi”Pika” P. FejeranC, im,iussüii,er
(Vacant)C u,II,,zis.v,,Iner
Michael JR. BorjaAdn:i,,istn,tire Direct,,,
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P.O. Box 2950 ffa*gdtña, Guam 96932
Chamorro Land Trust Commission(Kz.unision Inaneokkon Tano’ Chamoru)
Phone: 639-5263 ext. 435 Fax: 639-5383
COMMISSION MEETING ATTENDANCE SHEET
Date: Octobe,h?16
Time: \05
Place of Meeting: CLTC Conference
NAME:
1. PASCUAL V.A. SABLAN
Pm-Adjournment:.
Room, 3rd Floor
TITLE:
Chairman
3. AMANDA L.G. SANTOS
2. JOSEPH I. CRUZ Vice Chairman
Commissioner
4 GYONGYI “PIKA” P. FEJERAN Commissioner
5. (Vacant) Commissioner
6. KRISTAN FINNEY Legal Counsel IkS. 1L.—7._ -
Administrative7. MICHAEL BORJA Director
Staff:
/
1.
2.
3.
4.
11..
12.
Rev. 4/4/2016
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