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40. AMENDMENT TO THE DEVELOPER AGREEMENT WITH MADISON HEIGHTS PHASE II, LLC Approve a non-financial Amendment No. 2 to the Madison Heights Phase II Developer Agreement (C-22-15-061-3) to address the following: 1. Delete all references to “Phase I” and substitute with “Phase II.” Replace the first recital of the Contract Agreement. 2. Delete and substitute “ninety-five” percent in Paragraph 6.2. page 4 of the original agreement; 3. Delete reference to AHP Housing Fund 106 in paragraph 49 and substitute AHP Housing Fund 107 Any term of the original Agreement not amended hereby remains in full force and effect. (C-22-15-061-3-02)