Item - 2019.NY8.31

North York Community Council:

1. Approved the application for an Outdoor Patio License Agreement for the property at 1703 Avenue Road, subject to the following conditions:

a. the City Solicitor be authorized to prepare an Outdoor Patio License Agreement for the proposed encroachment;

b. the applicant pay all fees associated with the preparation of this agreement and an annual fee to be paid to the City of Toronto for the use of the road allowance. All fees are subject to change;

c. the applicant comply at all times with regulations set out in the former North York Café Boulevard By-law;

d. this signed agreement to be returned to the City along with the required Certificate of Insurance, evidencing a third party bodily injury and property damage insurance in the amount of Two Million Dollars ($2,000,000.00) or such other and greater amount as the City may require, and naming the City of Toronto as an additional insured party under the policy;

e. the said Certificate of Insurance to be renewed and a copy submitted to Municipal Licensing and Standards on an annual basis for the life of the encroachment;

f. the applicant to operate the boulevard café in compliance with the requirement of the Toronto Municipal Code, Chapter 591 Noise; and

g. the Outdoor Boulevard Café only to be licensed for seasonal use, between the dates of May 1st and October 31st and the patio furniture to be removed from the municipal boulevard at that time.

The purpose of this report is to consider an application submitted by the Business Owners of 1703 Avenue road to maintain an existing lease of 32.77 meters of City of Toronto property as a Patio Café, for which the North York Community Council has delegated authority from City Council to make a final decision.