AND WHEREAS the “Municipal Act" requires that the Municipal Council, in axercising the powers given by Section 702A, shall have due regard to the considerations set out in Section 702(2) ana Section 702A(1) in arriving at the use and development permitted by any land development contract and the terms, conditions and considerations thereof; AND WHEREAS the Developer has presented to the Munici- pality a scheme of use and development of the within described lands and premises and has made application to the Municipality to enter into this Land use Contract under the terms, conditions and for the consideration hereinafter set forth; AND WHEREAS the Council cf the Municipality, having given due regard to the considerations set forth in Section 702(2) and 702A(1) of the "Municipal Act", and the Official Community Plans of the Municipality, has agreed to the terms, conditions and consideration herein contained; AND WHEREAS a Land Use Contract is deemed to be a Zoning By-law for the purposes of the “Controlled Access Highways Act" and it 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 contract must first be obtained before the Municipality can enter into 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 provisions and limitations of Sections 702A of the "Municipal Act" and the Municipality and the Developer mutually acknowledge and agree that the Council of tha Munici- pality cannot enter into this contract until the Council has held a public hearing thereon, in tha manner prescribed by