Chris Clemente of Comstock at the Town of Herndon Public Hearing on Tuesday, Aug. 13, 2024.
From 2017 to 2025, the Herndon Downtown Redevelopment Project between the Town of Herndon and Comstock Herndon Venture, LC, never reached the “dirt stage” of development. Nothing but a fence remains surrounding a large portion of the 4.675-acre parcel that held the community’s dreams of a mixed-use development in the historic downtown district and within the town’s arts district.
After Comstock sent the Town of Herndon its Dec. 6, 2024, "Notice Not To Proceed, Herndon Downtown
Residents in the Herndon Council Chamber (and an adjacent overflow room) for the Herndon Town Council Public Hearing on Aug. 13, 2024. Chris Clemente of Comstock is seated in the front row writing notes.
Redevelopment Project,” two and half months later, the Town of Herndon published a news release on its website and Facebook page titled "Update: Town of Herndon Downtown Redevelopment Project, Feb. 28, 2025.
In January 2025, the town notified Comstock it was exercising its contractual right to have the town’s property returned: "Comstock was supposed to execute certain documents to transfer the property back to Herndon, but to date, it has failed to do so."
Those documents include the title to the property. In December 2020, the town transferred the 4.675-acre parcel to developer Comstock as part of the public-private partnership to redevelop downtown Herndon. Chris Clemente, chairman of the Board of Directors and chief executive officer, founded the Comstock organization. Neither he nor anyone else at Comstock has publicly commented on why the company has not returned the deed after giving Notice Not To Proceed with the Herndon Downtown Redevelopment Project on Dec. 10, 2024.
At the Town of Herndon Public Hearing on Aug. 13, 2024 Clemente said, “We're excited to be in a position by the end of this year to get this thing started, and we're excited to deliver a world-class project for the downtown.”
Now, the town is about to embark on a two-part plan in accord with the Comprehensive Agreement. The town will first initiate mediation.
"In the hopes that Comstock's failure to return the property is easily resolvable, the town has demanded that the parties submit to nonbinding mediation. This would allow the parties to work with a neutral mediator, with the hope that the town can avoid having to file a lawsuit against Comstock." Such action follows the mutually signed and executed Comprehensive Agreement (November 1, 2017) for the project, Article 20. [DISPUTE RESOLUTION, Section 20.1 Claims], page 64.
The town states in the update, "This mediation process will last no longer than 90 days, by which time Comstock will reconvey the property or won't, which would regrettably require that both sides spend money on litigation."
The town said in its update that it terminated Comstock Herndon Ventures LC's interest in property given to it for redevelopment in the downtown area of Herndon. The termination declaration is filed with the Land Records Division of the Fairfax County Circuit Court.
The stage is set for mediation, which, according to the Agreement on page 64, will occur in Herndon and be administered by the McCammon Group.
Herndon and Comstock executed five amendments (2020-2024) to the 2017 Comprehensive Agreement, collectively known as the Comprehensive Agreement. On Dec. 6, 2024, Comstock sent the Town of Herndon its "Notice Not to Proceed," saying in part, "In accordance with Section 8 of the First Amendment to the Comprehensive Agreement, "Comstock elects to not proceed with the Commencement of Construction. This letter shall be deemed a Notice Not to Proceed under the Comprehensive Agreement, which shall be deemed to expire and be of no further force and effect on the date hereof. Comstock will have no further obligation under the Comprehensive Agreement without being in default thereof."
According to the town’s update, the “agreement involved the town transferring its interest in the property to Comstock, with the requirement that Comstock develop it and, if it didn’t, the property would be returned to the town.”
A spokesperson for the Town of Herndon said in an email late Friday afternoon, Feb. 28, that it had "nothing more to share now."
Comstock did not respond to The Connection's request for comment.
What About Arts Herndon?
What this means for the nonprofit organization Arts Herndon, which anticipated occupying a space in Comstock’s redevelopment plan, is yet to be determined. The town did not comment when asked by The Connection. Arts Herndon holds a temporary sublease agreement for using the town’s building and surrounding property at 750 Center Street, effective expiring on March 31, 2025.
In an email dated Oct. 30, 2024, subject line, Listing of Below Market Rate Commercial Leases from Scott Robinson, PE. Deputy Town Manager, Operations (Acting) to the 2023-2024 Town Council, Art Space, 750 Center Street, Robinson described Arts Herndon’s use of the space for“retail and assembly. He estimated it at 70 percent of the market rate to account for the building's poor condition, “leaking roof, sanitary sewer that needs to be replaced, unreliable heating and air conditioning, etc.” It estimated total rent/year is $44,800; the actual total rent/year is $1, the same as the $1 leases for the ten other town-owned properties.