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h. Enclosed publicly accessible atrium at least 2,000 square feet in size with adjacent <br />commercial uses and seating and pedestrian amenities. This could be ground floor or <br />upper floors where they are accessible and inviting to the public. <br />Enclosed atrium with seating areas and adjacent retail uses. <br />i. LEED certification of the proposed building to a "silver" rating, at a minimum, by <br />the US Green Building Council, or other equivalent certification as approved by the City. <br />Prior to the issuance of approval by the City, the applicant must submit a letter of intent <br />to commit the project to meeting the LEED silver rating, and agreeing to penalties if the <br />building fails to meet LEED silver rating after receiving bonus FAR based on such <br />commitment. The applicant shall submit documentation that demonstrates achievement <br />of the LEED silver rating within 90 days of issuance of the certificate of occupancy. If <br />the applicant fails to provide such documentation, the City will assess a penalty in the <br />amount of one percent of the project construction costs as determined by the City, to be <br />used by the City for park, open space or art purposes downtown. <br />2. Transfer of Development Rights from significant historic properties to new <br />sites. <br />On a square -foot for square -foot basis, developers can transfer unused floor area per <br />maximum FAR with basic design standards as identified in Table 1 for the applicable <br />historic site (sending site) to the proposed development site (receiving site) within the B- <br />3 zone, provided all of the following conditions below are met. <br />a. The proposed development does not exceed the maximum FAR identified in <br />Table 1. <br />b. The sending site is in the B-3 zone and listed in A Survey of Everett's Historic <br />Properties (revised and reprinted in 1996), Hewitt Avenue Inventory (1989), Central <br />Business District Inventory/Survey (1993), or on the Everett, State or National Register <br />of Historic Properties. <br />