Herndon Town Council Approves Amendment for Downtown Redevelopment

After decades of discussion, proposals and delays, the town of Herndon has approved a final amendment to its comprehensive agreement with Comstock Holding Companies, Inc. to redevelop downtown.

On Tuesday night, the town council unanimously approved a resolution to amend the existing comprehensive agreement it entered into with Comstock in 2017.

“We are taking a leap of faith that this will inject into the downtown a needed sort of vibrancy that we all hope it is,” council member Cesar del Aguila said.

“But let’s be clear, there are no guarantees here. But I think we’ve done all the right things. The ballroom is rented, the orchestra is playing, now it’s time to see if we can dance.”

Elements of the initial agreement still include redeveloping town-owned land into a mixed-use project with 273 apartments and approximately 17,00 square feet of retail space. It also includes a 16,265-square-foot arts center and a parking garage with 726 spaces.

The amendment – which was presented to the council during a work session on Nov. 10 –  establishes a variety of matters. Those items include a sunset date of Dec. 15 by which time the town and Comstock must close on Comstock’s purchase of the 4.675-acre property.

The amended agreement adjusts the date by which Comstock must have the project under construction to Dec. 31, 2021. However, Comstock does retain the right to pause the start of construction up to two years due to market conditions and other complications, including issues arising from COVID-19.

Also included in the amendment is an increase in the parent corporate guarantee by $5 million to $10 million to cover the arts center and the parking.

“The parent guarantee refers to Comstock’s parent corporation putting forth the guarantee of $10 million to cover this project were Comstock Herndon LLC to default,” town attorney Lesa Yeattes told the council.

“So, this is a key component of the amendment and gives the town much more safety than it had previously in the additional $5 million guarantee.”

The amendment also provides licenses to the town to continue utilizing the property following Comstock’s purchase for the existing art space and public shared parking.

It also provides priority recordation of a parking easement on the site that will act as insurance for 162 parking spaces for the town regardless of the loan on the property.

A final part of the amendment permits Herndon to refund a portion of property taxes for the area used for arts purposes. The amendment includes a 10-year tax refund to the arts district that is estimated at $1.9 million over that time, wherein the estimated tax return above refund would be $1,165,000.

“The town receives no tax benefit on this site currently,” town manager Bill Ashton said.

“And the town will not receive any benefit as long as the town owns the property. Only when it is redeveloped will the town ever see any of this tax benefit.”

As a part of the amendment, the town council will vote to appropriate funds required prior to closing during its December public session.

“Bringing this project to fruition has been a priority for me and for the town council,” Mayor Lisa Merkel said in a press release.

“This adopted amendment establishes specific parameters by which we are moving forward. We greatly appreciate Comstock’s collaborative spirit as well as the many town citizens and business owners who continue to advocate for this transformative, energizing redevelopment project. Herndon’s bright future is now!”