Herndon Downtown Redevelopment Project

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Updates:

July 11, 2025 – The Town of Herndon filed suit in Fairfax County Circuit Court to effect the return of a 5-acre parcel, located at 770 Elden Street, to the Town of Herndon. Click here to download a copy of the filing.

February 28, 2025 – The Town of Herndon has filed a declaration indicating the termination of Comstock Herndon Ventures LC’s interest in property deeded to it for purposes of redevelopment in Herndon’s downtown. As of February 28, 2025, the termination declaration is on record with the Land Records Division of the Fairfax County Circuit Court.

Background:

In 2017, the Town of Herndon entered into a contract with Comstock Herndon Venture, LC to redevelop property in the town’s downtown. Part of that 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.

Comstock notified the town in December 2024 of its election not to proceed with constructing the project, citing a variety of factors that Comstock says made its redevelopment unworkable. As a result, in January 2025, the town notified Comstock that it was exercising its contractual right to have the 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.

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. 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.

In the meantime, the town has recorded an instrument in the land records putting all on notice that Comstock’s rights in the property are terminated.

Recent Documents:

Complaint Demanding Return of Downtown Redevelopment Site to Town Ownership, July 2025

Declaration of Termination, February 2025

Comstock Notice to the Town of Herndon: December 6, 2024

Comprehensive Agreement Documents:

Fifth Amendment to Comprehensive Agreement (September 10, 2024)
Fourth Amendment to Comprehensive Agreement (August 14, 2024)
Third Amendment to Comprehensive Agreement (April 25, 2024)
Delay Notice (April 29, 2022)
Second Amendment to Comprehensive Agreement (December 21, 2021)
First Amendment to Comprehensive Agreement (December 3, 2020)
Comprehensive Agreement (November 1, 2017)