11 March 1999

To:Chairman and Members of the North York Community Council

From:Roberto Stopnicki, Director

Transportation Services - District 3

Subject:Boulevard Leasing Café: The Friendly Greek Restaurant, 4695 Yonge Street

North York Centre

Purpose:To approve an application from "The Friendly Greek" Restaurant, to lease a portion of the municipal boulevard for the purpose of operating an 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:

That the application to lease a portion of the boulevard located on the east side of Yonge Street fronting 4695 be approved, subject to the following conditions:

1.That the boulevard café be accessible to the disabled;

2.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

3.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 the Boulevard Leasing Policy for the former City of North York, staff have reviewed the application to lease a portion of the municipal boulevard on the east side of Yonge Street fronting 4695.

Comments and/or Discussion and/or Justification:

The former Municipality of Metropolitan Toronto, Transportation Department entered into an agreement with the applicant to permit an existing structure to encroach on the municipal road allowance. This agreement would ensure that the structure does not create either a of pedestrian impediment or sight obstructions. The boulevard café occupies an area of approximately 5.8 metres and is setback 2 metres from the municipal roadway and .5 metres from the municipal sidewalk.

Councillor's John Filion and Norm Gardner have indicated their support of the application.

The leasing fee, which is based upon the 1999 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 recommend that the above application to lease a portion of the municipal boulevard be approved.

Contact Name:

Mr. Allen Pinkerton, Manager, Traffic Operations

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca. (e-mail)

Roberto Stopnicki,

Director, Transportation Services - District 3

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