Arts Herndon current location, 750 Center Center Street, Herndon
Michael L. O'Reilly, chairman of the Arts Herndon Board of Directors, on Friday, March 14, said: "Since Comstock is not going forward with its project, the building at 750 Center Street is not going to be demolished anytime soon. As a result, Arts Herndon doesn't need to move out. We have informed the Town. … We aren't moving to [the] new space as downtown is the best place for an art center."
Clark A. Hedrick, vice mayor of the Town of Herndon, and Michael O'Reilly, president of Arts Herndon, signed the Sublicense Agreement. The Town of Herndon is the named Landlord, and Arts Herndon Inc. is the Tenant of the 6,000-square-foot building and its surrounding premises at 750 Center Street in downtown Herndon.
The Sublicense states, "Beginning Nov. 12, 2024, Landlord sublicenses the Premises to Tenant … Tenant shall return the Premises to its original condition prior to Tenant's vacation of the premises… In any event, the term of this Sublicense shall expire on March 31, 2025."
Will Tenant Arts Herndon abide by the aforementioned terms?
“The circumstances (including the parties) of the Sublicense have changed dramatically since it was signed. The town no longer owns the property, Comstock does. The reason for the move-out date (after being run as an art center since 2008), which was the redevelopment of the Downtown, has, once again, been delayed indefinitely. I would suggest that with these changes the expiration date set out in the original agreement is no longer valid and is therefore unenforceable.”
Arts Herndon operates its community arts center at 750 Center Street. The building and premises are in the middle of the 4.675-acre property that was deeded to Comstock Venture LC. for redevelopment in Herndon's downtown. Comstock notified the Town in December 2024 that it will not proceed with the project, citing a variety of factors.
“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," states the Town in Herndon Downtown Redevelopment Project.
On Feb. 28, 2025, the Town of Herndon filed a declaration indicating the termination of Comstock Herndon Ventures LC's interest in the property. According to the Town of Herndon, the termination declaration is on record with the Land Records Division of the Fairfax County Circuit Court.
At the March 11 Herndon Town Council Meeting and Public Hearing, Mayor Keven LeBlanc addressed many issues concerning the future of the arts center operated by Arts Herndon. Teen and young adult members of the LGBTQIA+ music community and others testified against what they understood to be the Town's forced closing of the arts center on March 31. Some speakers erroneously said that the Town was "evicting" Arts Herndon.
Some speakers expressed anger, and others exhibited sadness, confusion, and distress as they testified on the value of keeping the arts center open and the need for greater transparency by the town. One woman said she doesn't want another vacant building in the town.
LeBlanc read a statement and reaffirmed his "unwavering support for downtown redevelopment and a thriving arts district" at the March 11 council meeting. He also highlighted the ongoing mediation over the deed title concerns with Comstock.
"This is a complex legal matter, and until it is resolved, we are unable to move forward with any formal agreements regarding the existing space" at 750 Center Street, LeBlanc said. [Comstock Fails to Transfer Property Back to Herndon, Connection Newspapers, March 4, 2025] Another challenge, LeBlanc said, is that the building is nearing the end of its lifespan.
According to LeBlanc, because of these challenges, the Town offers an alternate space that Arts Herndon could use to operate an arts center. The renovation was completed at town cost.
"This new space meets ADA compliance, ensuring accessibility for all, includes two spaces large enough for indoor events, galleries, studio work, an office, and two sinks, matching or exceeding the footprint of their current location. Still allows Arts Herndon to reserve the Town Green, Town Lawn, and Community Center for additional programming." He said the arts are, and will remain, an essential part of our town’s identity. “I look forward to working together to find the best path forward.”
Other tenants at 397 Herndon Pkwy. include the Herndon Police Department on one end, along with hallway neighbors Next Stop Theatre, Fairfax County Public Schools, Supervisor Jimmy Biermann, Va. Sen. Jennifer Boysko, and Del. Irene Shin. The space for the arts center is at the far left-hand side of the sprawling building.
Councilmember Cesar del Aguila said, “Given that Arts Herndon is not the Tenant at 397 Herndon Parkway, other non-profits will likely be interested in the space. The Town needs facilities to support soup kitchens, food distribution centers, and day laborer facilities,” he said.
See www.artsherndon.org.