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     22 May 1998

 To:Chairman and Members of the North York Community Council

 From:Jim Kinrade,

Commissioner of Transportation

North York Civic Centre

 Subject:Boulevard Leasing Café: La Fontina Restaurant, 85 Kincourt Street

North York Humber

 Purpose:To determine the appropriateness of the applicant, La Fontina Restaurant, to lease a portion of the municipal boulevard for the purpose of operating a outdoor café.

 Source of funds:

 No departmental funds are required as all associated costs for the boulevard café are the responsibility of the applicant.

 Recommendations:

 It is our recommendation that the application to lease a portion of the boulevard at 85 Kincourt Road be approved, subject to the following conditions.

 1.No permanent structure be erected on the boulevard;

 2.An anchored portable railing be placed around the proposed café area;

 3.That the applicant enter into an agreement to indemnify and save harmless the City of Toronto from any action, claim, damage or loss whatsoever arising from the issuance of the licence or the use to be provided or anything done or neglected to be done in connection with the said use; and

 4.The provision of $2,000,000 (two million dollars) of liability insurance, naming the City of Toronto as co-insured.

  Council Reference/Background/History:

 In accordance with Boulevard Leasing Policy for the former City of North York, staff has reviewed the application to lease a portion of the municipal boulevard.

 Discussion:

 A review of the site has indicated that sufficient space is available within the municipal boulevard

to accommodate this request. The location applied for does not create either a pedestrian impediment or sight obstruction. The boulevard cafe will occupy an area of approximately 41 m5 and will be setback 2.3 metres from the municipal roadway.

 The leasing fee, based upon the 1998 road allowance leasing rates as established by the City of Toronto, North York District, Finance Department, will be obtained from the applicant prior to the enactment of the lease agreement.

 Conclusions:

 I would therefore recommend that the above application to lease a portion of the municipal boulevard be approved.

 Contact Name:

 Mr. Michael Frederick, Director of Operations, at 395-7484

 Commissioner

 

   
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