-2-

AND _WREREAS a Land Use Contract is deemed to be a Zoning By-law for
the purposes of the "Controlled Access Highways Act" and if the and 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 provisions and limitations of Sections 702A of the "Municipal Act

aad the Municipality and the Developer mutually acknowledge and agree

that the Council of the Muricipality cannot enter into this agreement
until the Council has helc > public hearing thereon, in the manner
prescribed by law, has duly considered the representations made and the
opinions expressed at such hearing, and unless at least two-thirds of
atl the members of the Council vote in favour of the Municipality entering .
into this Contrace. °

NOW THEREFORE this agreement witnesseth that jn consideration of
the premises and the conditions and covenants hereinafter set forth, the
Municipality and the Developer covenant and agree as follows:
%. ‘ a) In thés 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 vords
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 ’im in
writing.
"Engineer" shall be construed to mean and include the City
Engineer for the Municipality and his duly authorized assistanta
or such Consulting or other Professional Engineers as may be ,
appodated to act for the Municipality.

Work" 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.