other projects, the City was to acquire the land and make it available within a specified time frame. The parties, however, were unable to reach agreement on terms, particularly the price, for the transfer of the townhouse property to Carley and so the City did not acquire the land.
21. Carley did not perform any work of substance on the Festival Marketplace. The City owned the land and it was available, should Carley have chosen to enter into development.
22. By August 1985, with the RiverPark Tower project under construction, Carley turned its attention to the Washington Tower West and Courthouse Office Building projects.
23. The 1984 Agreement outlined the development of a Courthouse Office project. Initially, the Agreement contemplated the sale of the land for the Courthouse Office project toCarley. Due to the requirements of Virginia Code § 15.1-257 which prohibited courts of record from being built on land not owned by the City, the deal was restructured so that the City would own the land and lease it to Carley through a Ground Lease. Carley would build the building and lease the entire building to the City through a Building Lease. The City and Carley were close to agreement on the terms for both leases by late December 1985.
24. Then, in January 1986, the City learned that legislation had been introduced into the 1986 Session of the General Assembly to amend Virginia Code § 15.1-257. The amended version would require that not only the land for courts of record, but also the buildings, must be held