Emars urges City Hall to lift closure order

THE management of Emars Hotel, Restaurant and Beach Resort, which was ordered closed in December 2011 by the City Hall for non-compliance of requirements, has appealed for the lifting of the closure order.

"The business had already suffered considerable losses notwithstanding a great number of our workers that lost their jobs upon its closure a year ago," Leonora D. Lim, president and CEO of LDL Realty Estate Corporation, and Anthony John D. Modequillo, proprietor of the Emars, said in a letter addressed to Davao City Mayor Sara Duterte-Carpio dated December 17, 2012.

Duterte-Carpio on December 5, 2011 ordered the closure of the resort for failing to renew its business permit from 2009 to 2011.

In the letter, Emars has proposed a yearly rental of P240,000 per hectare per year or P720,000 covering three hectares of city-owned property, which they have occupied along Times Beach in Matina.

"Considering that we are a homegrown business firm here in Davao City, it is our earnest and sincere aspiration to be part of the economic progress of this city," the company said.

However, Jose Elmario Guitadcan, assistant department head and manager of the City Economic Enterprise, prepared a counter-proposal with three options and suggested that legislative authority be sought for the mayor to enter into and sign separate Lease of Contracts with both Emars and Queensland.

In his letter addressed to Acting Mayor Rodrigo Duterte dated March 11, Guintadcan pointed out that Emars' rental options should be P30 per square meter per year or P927,000; P50 per square meter per year or P1,548,000; or P75 per square meter per year or P2,317,500.

The entire area covered by Emars is 30, 900 square meters. Guintadcan said the City Economic Enterprise is optimistic that the second option, which is P 1,548,000, is "sound and affordable."

"The City Economic Enterprise interposes no objection for a provisional reopening of Emars for six months provided the owner executes an Affidavit of Undertaking stipulating that they will voluntarily cease operation after said period if until such time a Lease Contract is not concluded between Emars and the City Government of Davao pursuant to the 2005 Revenue Code of Davao City," Guintadcan stated in his letter.

Lawyer Tristan Dwight Domingo, Business Bureau chief, earlier said the closure order against the Emars will be strictly implemented and would be lifted only once the management complies with all the requirements set by law.

Among the requirements that Emars need to comply before it can resume its operations include a permit from the Philippine Reclamation Authority (PRA), and clearance for its reclamation activity in the resort, Building and Business Permit from the city, and zoning clearances, among others.

The City Council is set to approve under first reading during the regular session this afternoon the letter of Guintadcan relative to the request of the Emars Hotel for the lifting of the closure order.