First Amendment to Office Lease between SPC Park Plaza Partners, LLC, Diamond Hillcrest, LLC, and HTH Hillcrest Project LLC, as Co-Owners, and Hilltop Holdings Inc., as Tenant, dated as of November 30, 2021, but effective as of June 29, 2019
EXHIBIT 10.12.1
FIRST AMENDMENT TO OFFICE LEASE
This First Amendment to Office Lease (this “Amendment”) is made and entered into as of the 30th day of November 2021, but effective as of June 29, 2019 (the “Effective Date”) by and among SPC PARK PLAZA PARTNERS LLC, a Texas limited liability company (“SPC”), DIAMOND HILLCREST, LLC, a Texas limited liability company (“Diamond”), HTH HILLCREST PROJECT LLC, a Texas limited liability company (“HTH Hillcrest” and together with SPC and Diamond, collectively, “Landlord”) and HILLTOP HOLDINGS INC., a Maryland corporation (“Tenant”). Each initially capitalized term used but not otherwise defined herein shall have the meanings assigned to it in the Lease (hereinafter defined).
W I T N E S S E T H:
WHEREAS, Landlord and Tenant have heretofore executed and entered into that certain Office Lease (the “Lease”) dated as of July 31, 2018, concerning Tenant's lease from Landlord of office space at the Building (therein and herein referred to as “the Premises”); and
WHEREAS, Landlord and Tenant now desire to amend the Lease to the extent and as provided in this Amendment.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
1.Section 1. C. of the Lease is hereby deleted in its entirety and the following is substituted therefor:
“C.“Premises”: The area shown on Exhibit A-1 to this Lease, as follows:
The aggregate “Rentable Square Footage of the Premises” is approximately 69,062 square feet of Rentable Square Footage. Tenant shall have the right to expand or contract the size of the Premises as provided in Riders No. 1 and 3 attached hereto.”
2.Section 1. D. of the Lease is hereby deleted in its entirety and the following is substituted therefor:
“C.“Base Rent”:
*CD = Commencement Date
ED = Expiration Date
Commencement Date through Month 11 = “Abated Rent Period”
3.Section 1. M. the Lease is hereby deleted in its entirety and the following is substituted therefor:
“M. “Notice Address”:
Tenant: Notices shall be sent to Tenant, as follows:
Tenant: | With copy to: | And to: |
Landlord: Notices shall be sent to Landlord, as follows:
Landlord: | With a copy to: |
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Diamond Hillcrest, LLC | Haynes and Boone, LLP |
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HTH Hillcrest Project LLC | Bracewell LLP |
4.Exhibit A-1 to the Lease is hereby deleted in its entirety and Exhibit A-1 attached to this Amendment is substituted therefor.
5.Each of Tenant and Landlord hereby agree and acknowledge that, except as expressly provided in this Amendment, the Lease remains in full force and effect and has not been modified or amended in any respect, it being the intention of each of Tenant and Landlord that this Amendment and the Lease be read, construed and interpreted as one and the same instrument. To the extent that any conflict exists between this Amendment and the Lease, the terms of this Amendment shall control and govern. Notwithstanding anything in this Amendment to the contrary, Landlord hereby acknowledges and agrees that nothing in this Amendment shall effect in any manner, by waiver, estoppel or otherwise, Tenant’s rights under Section 3.F. of the Lease.
6.This Amendment may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Amendment will become effective when one or more counterparts have been signed by each of the parties and delivered to the other parties. For purposes of determining whether a party has signed this Amendment or any document contemplated hereby or any amendment or waiver hereof, only a handwritten original signature on a paper document or a facsimile or portable document format (pdf) copy of such a handwritten original signature shall constitute a signature, notwithstanding any law relating to or enabling the creation, execution or delivery of any contract or signature by electronic means.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, each of Tenant and Landlord has executed this Amendment as of the day and year first above written.
TENANT:
HILLTOP HOLDINGS INC.,
a Maryland corporation
By:/s/ DARREN PARMENTER
Name:Darren Parmenter
Title:Chief Administrative Officer
LANDLORD:
SPC PARK PLAZA PARNTERS LLC,
a Texas limited liability company
By:/s/ JIM STRODE
Name:Jim Strode
Title:Manager
DIAMOND HILLCREST, LLC,
a Texas limited liability company
By:/s/ GARY SHULTZ
Name:Gary Shultz
Title:Vice President
HTH HILLCREST PROJECT LLC,
a Texas limited liability company
By:/s/ COREY G. PRESTIDGE
Name:Corey G. Prestidge
Title:Vice President
EXHIBITS INTENTIONALLY OMITTED
