é AND WHEREAS the "Municipal Act* requires that the Municipal Council, in exercising the powers given by Section 702A, shall have due regard to the considerations set out in Section 702(2) anda 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, conditiona and for the consideration hereinafter set forth; AND WHEREAS the Council of 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 Plana 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 "Contrelled 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 contract must firat be obtainea 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 ha is fully aware of the provisions and limitations of Sections 702A of the “Municipal Act" and the Municipality and the Developer mutually acknowledge and egrea that the Council of the Munici- pality cannot enter into this contract until thea Council has held a public hearing thereen, in the manner prescribed by