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Boca Resorts Inc – IPO: ‘S-1’ on 9/18/96 – EX-10.3

As of:  Wednesday, 9/18/96   ·   Accession #:  950144-96-6413   ·   File #:  333-12191

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 9/18/96  Boca Resorts Inc                  S-1                   14:1.3M                                   Bowne of Atlanta Inc/FA

Initial Public Offering (IPO):  Registration Statement (General Form)   —   Form S-1
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-1         Florida Panthers Holdings, Inc Form S-1               85    475K 
 2: EX-3.1      Amended and Restated Articles of Incorporation         4     13K 
 3: EX-3.2      By-Laws of the Company                                26     71K 
 4: EX-5.1      Form of Opinion of Akerman Senterfitt                  2±     8K 
 5: EX-10.1     Broward Co. Civic Arena License Agreement             64    266K 
11: EX-10.11    Arena Management Agreement                            43    108K 
 6: EX-10.2     Broward Co. Civic Arena Operating Agreement           63    265K 
 7: EX-10.3     Amendment to Operating and License Agreement           2     13K 
 8: EX-10.4     Broward Co. Civic Arena Development Agreement         78    284K 
 9: EX-10.7     Miami Arena Contract                                 203    577K 
10: EX-10.8     First Amendment to Miami Arena Contract               57    158K 
12: EX-21.1     Subsidiaries of the Company                            1      6K 
13: EX-23.1     Consent of Arthur Andersen LLP                         1      6K 
14: EX-27.1     Financial Data Schedule                                1      9K 


EX-10.3   —   Amendment to Operating and License Agreement
Exhibit Table of Contents

Page (sequential) | (alphabetic) Top
 
11st Page   -   Filing Submission
2County
"Operator
"Team
EX-10.31st Page of 2TOCTopPreviousNextBottomJust 1st
 

Exhibit 10.3 AMENDMENT AND CLARIFICATION TO OPERATING AGREEMENT AND LICENSE AGREEMENT This Amendment and Clarification to the Operating Agreement and License Agreement is made and entered into as of June 4, 1996 between Broward County, Florida (the "County"), Arena Operating Company, Ltd., a Florida limited partnership (the "Operator") (as to the Operating Agreement), and Florida Panthers Hockey Club, Ltd., a Florida limited partnership (the "Team") (as to the License Agreement). A. On June 4, 1996, at its duly constituted meeting, the Board of County Commissioners of Broward County, Florida (the "Board") approved the Operating Agreement between the County and the Operator under which the Operator will manage and operate the Facility (as defined in said document), upon completion of construction, subject to the execution of this Amendment, and the Board also approved the License Agreement between the County and the Team, subject to the execution of this Amendment, and the Development Agreement between the County and Arena Development Company, Ltd., all related to the construction, use and operation of the Facility (the latter of which is not being amended by this document). B. The parties desire to set forth herein certain amendments and clarifications to the License Agreement and the Operating Agreement, which are deemed incorporated in the Operating Agreement and the License Agreement by reference and made a part thereof. NOW THEREFORE, the parties agree as follows: 1. The following paragraph is added at the conclusion of the Operating Agreement as Section 19.2, as follows: 19.2 County or Facility not responsible for Operator or Manager lawsuits. The parties acknowledge that the Team and the Operator respectively are solely responsible and have the exclusive right to select the Operator and the Manager of the Facility. Therefore, whichever Operator and/or Manager is chosen by the Team and/or the Operator to operate or manage the Facility, if a lawsuit or claim is filed in Broward County or any other jurisdiction that claims or asserts that the retention of that Operator or Manager is violative of an existing contract with that or any other venue or with any other City, County or other entity, public or private, the expenses involved in that claim or lawsuit, including attorneys fees, shall not be borne by the County or the Facility and shall not be deemed Facility Operating Expenses.
EX-10.3Last Page of 2TOC1stPreviousNextBottomJust 2nd
2. Section 1.10 of the Operating Agreement is amended by deleting the words "Leisure Management International." All other references in the Operating Agreement to Leisure Management International is hereby deleted. Section 1.8 of the License Agreement is amended by deleting the words "initially Leisure Management International," and all other references to Leisure Management International are hereby deleted. IN WITNESS WHEREOF, the parties have hereunto executed this Amendment and Clarification Agreement by and through their duly authorized officers this 4th day of June, 1996. County: [SEAL] BROWARD COUNTY, FLORIDA By: /s/ John E. Rodstrom --------------------------------- Chair of the Board Operator: ARENA OPERATING COMPANY, LTD. By: ARENA OPERATING COMPANY, INC. a Florida corporation, its General Partner By: /s/ H. Wayne Huizenga -------------------------------- Name: H. Wayne Huizenga Chairman Team: FLORIDA PANTHERS HOCKEY CLUB, LTD. By: Arena Development Company, Inc. a Florida corporation, its General Partner By: /s/ H. Wayne Huizenga -------------------------------- Name: H. Wayne Huizenga Chairman 2

Dates Referenced Herein

Referenced-On Page
This ‘S-1’ Filing    Date First  Last      Other Filings
Filed on:9/18/96None on these Dates
6/4/961
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Filing Submission 0000950144-96-006413   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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