(A) The application shall include a legal description of the real property being improved, including a deed book and page number, the parcel ID number, and the names and addresses of all owners of record.
(B) The application submittal shall also include the following:
(1) A general description of the proposed energy project, including the property's baseline energy and water usage conditions and the energy and water savings projected to be achieved as a result of the energy project, expected life of the improvement(s), and a proposed time schedule for undertaking and completing the project;
(2) A signed bid for the project from the licensed, qualified contractor who will construct and install the improvements;
(3) Written consent of the holder of each existing mortgage lien on the property stating that the lien holder does not object to the imposition of the statutory EPAD assessment lien; and
(4) The payment terms of the program financing agreement, including the total amount financed and annual assessment payment.
(5) The application shall include a certification by the property owner(s), and its members, affiliates, shareholders, and/or all other related persons or entities as the Office of Advanced Planning and Sustainability deems appropriate, of the following:
a. That they are solvent and that no proceedings are pending or threatened in which the property owner (or such other person or entity) may be adjudicated as bankrupt, becoming the debtor in a bankruptcy proceeding, be discharged from all of the property owner’s debts or obligations, be granted an extension of time to pay the property owner’s debts or be subjected to a reorganization or readjustment of the property owner’s debts;
b. That they have not filed for or been subject to bankruptcy protection in the past three years;
c. That they are current in the payment of all obligations secured by the secured property, including property taxes, assessments, and tax liens and have had no delinquencies within the past three years or since acquiring title to the subject property if it has been less than three years;
d. That they have no involuntary liens, defaults, or judgments applicable to the subject property; and
e. That they are not party to any litigation related to the property for which application is being made.
(C) Louisville Metro Government may require the applicant to submit a current title examination, opinion letter, or other documentation to verify compliance with the requirements set out in § 165.07(B)(5).
(D) The property owner shall participate in annual surveys and EPAD program evaluationsupon request.
(E) The property owner shall be in compliance with any and all other applicable state and local orders, requirements, laws and regulations.
(F) In addition to the above application requirements, Louisville Metro Government reserves the right to require additional information to certify that the applicant qualifies for the EPAD program in accordance with the EPAD Act.
(G) The Director of the Office of Advanced Planning and Sustainability may waive any of the requirements of this section that the Director determines to be appropriate in his or her sole discretion.
(Lou. Metro Ord. No. 57-2016, approved 4-29-2016; Lou. Metro Am. Ord. No. 29-2021, approved 3-4-2021)