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§ 21-39 HAWAII COUNTY CODE <br />(c) The director of finance shall require that a designated bank agree that: <br />(1) The loan to a guaranteed borrower will be at a rate of interest and terms <br />agreed upon at the inception of the program for that increment; <br />(2) The loan will be guaranteed by the County of Hawai`i up to the assessed value <br />of the parcel to be connected and any improvements at the time of the loan <br />application; <br />(3) In the event that a guaranteed borrower fails to pay the required payment on <br />the loan within ninety days of the date upon which the payment is due, the <br />loan shall be considered in default and the designated bank shall immediately <br />notify the director of finance of the County of Hawai`i, as well as the <br />guaranteed borrower; <br />(4) In the event of a default of any guaranteed borrower, a designated bank shall <br />accept payment in full from the County of Hawai`i as full satisfaction for the <br />loan; <br />(5) The loan amount shall be limited to hook up and cost for the reasonable <br />restoration of the parcel and improvements to the condition existing at the <br />time of the loan application plus loan fees and costs; and <br />(d) The director of finance shall inform the mayor and the County council of the names <br />of banks and financial institutions which are designated banks, and shall provide <br />them with copies of the agreement negotiated with the designated banks and the <br />contract which the designated banks will execute with guaranteed borrowers. <br />(1992, ord 92-136, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 17; am <br />2012, ord 12-15, sec 3.) <br />Section 21-40. Loan application. <br />(a) Any owner who is required to connect such owner's property to a sewer pursuant to <br />section 21-5, and who has been rejected by any two banks or financial institutions <br />for any type of loan to pay for the sewer connection, based on insufficient ability to <br />repay said loan, may apply to a designated bank for a sewer connection loan which <br />is guaranteed by the County of Hawai`i. Any application for a guaranteed loan must <br />be submitted to a designated bank no more than one hundred and twenty calendar <br />days after the date of the notification by the director requiring the owner to connect <br />to the sewer. <br />(b) All such timely applications for guaranteed loans shall be sent by any receiving <br />designated bank to the director of finance. Any owner whose application for a sewer <br />connection loan is referred to the director of finance by a designated bank and is <br />deemed to have a reasonable ability to repay the loan may participate in a loan <br />guaranteed by the County of Hawaii and become a guaranteed borrower. As <br />conditions of participation, the applicant shall execute: <br />(1) A loan agreement with a designated bank, with the County of Hawai`i as <br />guarantor of the loan, providing that: <br />(A) The money will be paid by the bank directly to the contractor performing <br />the connection; and <br />21-20 <br />