Upper West Side restaurateur Matthew Tivy is resigned to spending at least five years in jail for having sex with a boy in a Bronx Best Buy parking lot, The Post has learned.

Lawyers for the chef behind the French bistro Cafe du Soleil have been negotiating with Manhattan federal prosecutors to let Tivy, 54, plead guilty to a single count that would come with a recommended five-year sentence, sources said.

The government has countered with a deal for closer to 10 years, the sources said.

Tivy’s prison time hinges in part on whether he is likely to abuse kids again, said a person with knowledge of the talks.

A doctor who has examined him said that he is a low risk with treatment.

Going against Tivy is the FBI’s allegation that he continued to reach out to minors online after his arrest.

Adding to Tivy’s woes, the father of the Bronx 16-year-old at the center of the allegations has sued him for $10 million, alleging “physical and mental pain.”