2 yer wd oe hoe -2+ AND WHEREAS a Land Use Contract is deemed to be a Zoning By-law for the purposes of the "Gontrolled Access Highways Act" and if the land is so situated that it is subject to such "Act", the approval of the Minister of ‘Highways to the use set forth in this Agreement must first be obtained before the Municipality can enter into the same; . AND WHEREAS a Land Use Contract may not. deal with any lands designated flood plain on the Official Regional Plan, until the said contract is ‘ approved by the Minister of Municipal Affairs; AND WHEREAS the Developer acknowledges that he is fully aware of the provisious and limitations of Sections 702A of the "Municipal Act” and the Municipality and the Developer mutually acknowledge and agree that the Council of the Municipality cannot enter into this agreement until the Council has held a public hearing thereon, in the manner prescribed by law, has auly considered the representations made and the opinions expressed at such hearing, and unless at least two-thirds of all.the members of the Council vote in favour.of the Municipality entering 4nto this Contract. a .. NOW THEREFORE this agreement witnesseth that in consideration of the premises and the conditions and covenants hereinafter set forth, the Municipality and the Developer covenant and agree as follows: . 1... (a) In this Agreement unless ‘the context otherwise requires: "Building “Inspector” shall be construed to mean and include the Building Inspector for the Municipality and his duly authorized assistants or such Consultants as may be appointed to act for the Municipality. “Complete” or "Completion" or any variation of these words when used with respect to the work or works referred to herein shall mean completion to the satisfaction of the Municipal Engineer of the Municipality when so certified by him in writing. "Engineer" shall be construed to mean and include the City Engineer for the Municipality and his duly authorized assistants or such Consulting or other Professional Engineers as may be appointed to act for the Municipality. “York or “Works" or any variation of these words shall be construed to mean and include all work required to be done for the setting out, the execution and the completion of this Agreement to the satisfaction of the Municipality.