prove the existence of an executed original, or even an executed copy of the Washington Tower West Office Lease.
Moreover, the plaintiffs' failure to acquire the site upon which to construct the building to be leased excuses any performance by the City on the Washington Tower West Building Lease. And the plaintiffs have suffered no damages in connection with the Washington Tower West project.
Plaintiffs also allege that the City breached a Ground Lease and an Office Building Lease for the project known as the Courthouse Office Building. The plaintiffs have failed to prove any actual breach of contract for these leases. The plaintiff, 2500 Washington Avenue Associates, failed to take possession of the ground under the Ground Lease, failed to tender the rent required under the Ground Lease, failedself-executing document, but was contingent upon the negotiation of subsequent agreements to establish "mutually agreeable terms and conditions", for acquisition, availability, and transfer of land for the projects set forth in the Agreement. The City, the Housing Authority and the plaintiffs did negotiate in good faith a number of specific implementing agreements including agreements for the transfer and sale of the sites for the RiverPark Tower and for Washington Tower West. They also reached agreement on a Ground Lease in connection with the Courthouse Office project, although they were never able to reach a final agreement on "mutually agreeable terms" for the Courthouse Office Building itself.
The City or the Housing Authority, acquired and had available for transfer and development by Carley, each of the following sites: the Greek