CONTRACT 4225 OtherJ&
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24111761577
Recorded /Filed in Official Records
Recorder's Office, Los Angeles County,
California
12/28/11 AT 08:OOAM
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129.00
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THIS FORM IS NOT TO BE DUPLICATED t72
CHICAGO TITLE GUMF'ANY
%epor(Nng requested by and mail to:
City of El Segundo
Name: Building & Safety Department
ATTN: Building Official 1212tt2t11t
Address: 350 Main Street
El Segundo,CA 90245
`20111761577*
MASTER COVENANT AND AGREEMENT
REGARDING METHANE MITIGATION MAINTENANCE
The undersigned hereby certifies Palmetto Hospitality of El Segundo, LLC ( "Owner "), is the owner of the hereinafter
legally described real property located in the City of El Segundo, County of Los Angeles, State of California:
Assessor's Parcel Number: 4138 - 030 -093
Site Address: Hyatt Place Hotel - 750 North Nash Street, El Segundo, CA 90245
Owner does hereby acknowledge that methane gas has been detected in the subsurface soils beneath the site at levels
which require mitigation by the City of El Segundo to protect the building and its' occupants. Therefore, Owner hereby
covenants and agrees to and with the City of El Segundo to maintain the on -site methane mitigation measures identified
in the Methane Specialists letter entitled, Basis of Design for Methane Mitigation System, dated April 28, 2011
(Attachment 1), as further clarified and detailed in the Methane Gas Control plans, prepared by Methane Specialists, and
subsequently approved by the City of El Segundo (Attachment 2). Owner also acknowledges that these methane
mitigation measures shall include owners obligation to hire a qualified professional to perform representative air sample
testing of the occupied spaces of the 1 st level of the building, on a quarterly basis for the 1 st year from Certificate of
Occupancy and annually thereafter, and to submit the results to the City of El Segundo. Furthermore, Owner
acknowledges that the continual operation and maintenance of the buildings mechanical ventilation systems are an
integral part of the methane mitigation measures approved, and that these systems shall be regularly maintained in good
working order and that a fitness report shall be prepared annually and submitted to the City of El Segundo to confirm the
systems operational status and compliance with the methane mitigation measures.
Owner agrees to and shall maintain the active components of the methane mitigation system in good and functional
condition to safeguard the building and its' occupants from methane gas accumulation within the interior spaces of the
building envelope.
Owner shall provide documentation with any sale of the property to the successor owner(s) which provide information on
what methane mitigation measures are present, and examples of the testing and reporting documentation required to be
submitted to the City of El Segundo, and how the necessary maintenance and reporting is to be performed.
This covenant and agreement shall run with the land and shall be binding upon any future owners, encumbrances, their
successors, heirs or assigns and shall continue in effect until the City of El Segundo Fire Department approves its
termination.
PALMETTO HOSPITALITY OF EL SEGUNDO, LLC
(Property Owner)
I Dated this day of I C-0-6201 1.
PALMETTO HOSPITALITY OF EL SEGUNDO, LLC
By: Palmetto Hospitality GM, LLC,
By:
out rolina limited Ilability i mpany
�
Name: Dan C. Breeden, J
Title: President and Manager
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF SOUTH CAROLINA, COUNTY OF SPARTANBURG
On JD e c e rn 6e ,, %, 2011 before me, ( S-4 1 j tid personally appeared Dan C.
Breeden, Jr., personally k own to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their authorized capacity, and that by his /her /their
signature nn the instrument the nPrsnn nr tha entity i innn hahnif of which fha narcnn arfarl avari rfari thn inefn imanf
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Attachment I
:: :::
April 28, 2011
METHANE
SPECIALISTS
Mr. Steve Tsumura
Environmental Safety Manager
City of El Segundo
621 Via Alondra
350 Main Street
Suite 610
El Segundo, CA 90245
Camarillo, California 93012
TEL:805:987.5356
RE: Hyatt Place @ Campus El Segundo
Basis of Design for Methane Mitigation System
FAX: 805.987.3968
meth anespecialists.com
F' I z
Listed below is a summary of the investigation and the thought process in developing a comprehensive
methane mitigation system for the proposed Hyatt Place at Campus El Segundo (the "Project ") located
at 750 North Nash Street, El Segundo, CA 90245 (the "Hotel Site "), based on our meeting on February
10, 2011. In general, the Project consists of a 5 story wood framed structure with a "slab on grade"
foundation design. There are no subterranean structures proposed for the Hotel Site. The balance of the
site is covered by an asphalt parking lot, sidewalks, patios, a pool/ spa and landscaping, please refer to
the attached site plan. The 143 -room hotel will be operated 24 hours a day, 7 days a week.
METHANE GAS STUDY:
A copy of the Summary of Results from the Methane Gas Study, dated April 7, 2011, as prepared by
ENVIRON (the "Gas Study "),,is attached for reference. This report summarizes the field. activities,
analytical results and conclusions characterizing the methane detected below the proposed Hotel Site.
As part of the,Gas Study, the Hotel Site was tested for methane in accordance with guidelines obtained
from the Los Angeles Department of Building and Safety. Two (2) soil gas probes were advanced within
the area of the proposed hotel footprint and. methane was detected in the on -site soils beneath the
proposed hotel. In summary, the results of the testing shows methane existing between 69 to 1,700
parts per million by volume (ppmv) at 5 feet below grade surface (bgs) @ 0 to 0.04" pressure, between
680 & 2,600 ppmv at 10 feet bgs @ 0 to 0.6" pressure, and between 11,000 and 190,000 ppmv at 20
feet bgs @ .1 to .59" pressure.
CITY OF EL SEGUNDO COMPLIANCE STANDARDS:
I age
The City of El Segundo does not have a municipal code which addresses specific methods for.mitigating
methane intrusion into building structures nor does it have a prescribed methane investigation zone.
During our preliminary meeting with yourself and other members of the City of El Segundo Fire and
Building Departments, we were informed that the City of El Segundo would prefer the Project to follow
the guidelines established in the Los Angeles City Methane Mitigation Requirements (the "LA City
Requirements ") based on the results of the Gas Study.
DESIGN DIRECTION FOR THE HOTEL SITE:
The design direction is being based on Table 71, Minimum Methane Mitigation Requirements, as
identified in Ordinance No. 175790 (copy attached for reference) of the LA City Requirements.
According to the Table and based on the corresponding data collected as part of the Gas Study, the
Project will be designed to Level V. The mitigation system proposed for the Hotel Site will include the
option within the LA City Requirements which permits mechanical ventilation'at a minimum of one (1)
air exchange per hour using 100% outside makeup air for all 15t level rooms. This proposed Mechanical
Ventilation System will operate 24/7 and be connected to emergency power as permitted by the LA City
Requirements. This option eliminates the need for a .Methane Alarm System, Gas Detection System, and
below slab Pressure Sensors. Therefore, in summary, the Methane Mitigation System proposed for the
Hotel Site will include the following:
• Dewatering System — Not Required as Groundwater is noted deeper than 60' bgs.
• Perforated Horizontal Pipes - Below Slab Vent Pipes will be installed
• Gravel Blanket Thickness Under Impervious Membrane - Will be installed
• Gravel Blanket Thickness Surrounding Hor'liontal Pipes — Will be installed
• Vent Risers — Will be installed and vented through roof
• Impervious Membrane — A membrane will be installed under the entire "on- grade" Building
Slab
• Pressure Sensors Below Impervious Membrane — Will not be installed as the City of Los Angeles
Requirements have phased out their use as an element of methane mitigation.
• Mechanical Extraction System — Will not be installed. Mechanical extraction is typically
controlled by vent riser sensors used to activate the blowers. The building will utilize an
alternate method of mechanical ventilation thereby eliminating the need for under slab
pressure sensors. However, pre -wire preparation for a mechanical extraction system will be
installed and the Hotel Site will be monitored on a periodic basis to ensure methane is not
entering the building. At some future date, if methane is found to be entering the building
envelope, a mechanical extraction system capable of evacuating the sub -slab space will be
installed.
• Gas Detection System — Will not be installed, as 15` floor of building shall be provided with a
Mechanical Ventilation System.
• Mechanical Ventilation System - Will be provided in accordance with Option #2, Section B, 2, b,
iii. of the LA City Requirements
4'2125 .
• Alarm System — Will not be installed, as 1St floor of building shall be provided with a Mechanical
Ventilation System.
• Control Panel - Will not be installed, as no Gas Detection or Alarm Systems are being propsoed.
• Trench Dam — Will be provided
• Conduit or Gable Seal Fitting — Will be provided
• Additional Vent Risers —Will be provided, including vents below Hardscape in affected areas, in
the event there is not at least 5 feet of landscaping surrounding the building footprint for at
least 80% of the building perimeter.
CONCLUSION:
Given the specifics of the Hotel Site and that the building will be a hotel, we feel that the Mechanical
Ventilation option of the 1St floor spaces of the building is the best and most practical design solution
over a Gas Detection and Alarm System.. Furthermore, Methane Specialists believe this to be true based
on our experience with similar projects under similar circumstances, for reasons of reliability,, and the
likelihood of false alarms over the operational life of the Project. I am certain that Mechanical
Ventilation as a method of mitigation is a superior choice over a Gas Detection and Alarm System.
Furthermore, upon completion of the Project, Methane Specialists recommends that a full
Commissioning Report be prepared to confirm the mechanical ventilation meets the design intent, and
that the building be tested on a quarterly basis for 1 year from Certificate of Occupancy to ensure no
methane is entering the building and posing a potential hazard, and•annually thereafter.
.I hope this summary clarifies the proposed Methane Mitigation System for the Hotel Site and request
your written confirmation and approval of our proposal design direction noted herein so that the Project
may commence system design. I remain available to you, to explore our recommendations in more
detail and answer any questions you may have.
Chris Conahan
Methane Specialists
Cc: Mike Gallen, OTO Development
Jeanet Babauta, Thomas? rope rties.Group
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