In order to be eligible to participate in the EPAD Program, all of the owners of record (acting as described in division (H) below) of real property located within the EPAD shall submit an Application setting forth the following matters and containing the following elements:
(A) The names and addresses of all of the owners of record of the real property;
(B) The addresses, parcel identification numbers, legal descriptions, or other identifying information for the real property to be assessed sufficient to allow the Program Administrator to determine that the real property is located within the EPAD and for the County Fiscal Court to impose assessments on the real property, including, if determined by the Program Administrator, current title examinations, title insurance commitment letters, or other documentation of ownership and identify of the real property;
(C) A technical description of the Energy Improvements to be installed or modified on the real property, including the estimated useful life of the energy improvements and a review of the real property's baseline energy or water usage conditions and the energy or water savings projected to be achieved as a result of the Energy Project;
(D) An estimated budget and an estimated timeline for implementation for the Energy Project;
(E) Estimated financing terms for the Energy Project, including, if known, the identity of the provider of the financing;
(F) The written consent of the holder of each existing mortgage lien on the relevant property stating that the lien holder does not object to the imposition of the assessment;
(G) The certification of each of the owners of record of the real property that:
(1) The identity of the owners, the identity of real property, the attributes of the Energy Project, the estimated terms of financing, the identify and consent of all holders of mortgage lines on the property, and all other matters described in the Application are true and correct as of the date of submission of the Application;
(2) The owners, the real property, the energy project, and the financing described in the Application are eligible for participation in the EPAD Program under its terms and conditions and under the EPAD Act;
(3) None of the owners in the last three years have filed for bankruptcy protection or had a petition in bankruptcy filed against them which was not dismissed within 30 days; and
(4) That the real property is current in the payment of all obligations secured by the real property upon which the Energy Project will be installed or modified, including property taxes, assessments, and tax liens and that the real property has had no delinquencies within the past three years or since the acquisition of title to the real property if less than three years.
(H) Be signed by all of the owners of record of the real property to be assessed or by any one or more of them or by any one or more of their authorized agents, each of which is duly authorized to execute instruments binding the real property and any non-signing owners, as such authorization may be sufficiently evidenced to the Program Administrator in the Program Administrator's sole discretion;
(I) Such other information, documents, materials, statements, certifications, waivers, or signatures as the Program Administrator may reasonably require from time to time in order to determine the compliance of the application and the energy project described in the application with the terms and conditions of the EPAD Act and the EPAD Program.
(J) Unless altered by the Program Administrator in accordance with § 54.04, initially all Energy Improvements, Energy Projects, and Real Property (as defined in KRS 65.205(6) to exclude residential property consisting of fewer than five units) eligible for participation in an EPAD Program under the EPAD Act and located within the boundaries of the County shall be eligible for participation in the EPAD Program.
(Ord. 6.25.21, passed 6-25-2021)