Jack Fersko: Lawyer with Greenbaum, Rowe, Smith & Davis LLP

Jack Fersko

Partner
Woodbridge,  NJ  U.S.A.
Phone732-476-3354

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Real Estate
  • Commercial Real Estate
  • Solar Energy
  • Urban Redevelopment
  • Engineering, Procurement and Construction Agreements
  • Power Purchase Agreements
  • Environmental Law
  • Alternative Energy & Sustainable Development
 
Mailing Address99 Wood Avenue South, 4th Floor, Iselin, NJ, 08830-2712
 
University Marietta College, B.A., 1975
 
Law SchoolOhio Northern University, J.D., 1978
 
Admitted1979, New Jersey; 1986, U.S. Supreme Court; 1995, U.S. Court of Appeals, Third Circuit
 
BornNewark, New Jersey, June 24, 1953
 
Biography

Road blocks arise in every deal. The art of transactional work lies in the ability to develop creative solutions that are both protective of your client's interests and acceptable to the other side, so that the deal can move forward towards a positive conclusion. Creative lawyering is, in my opinion, the key to a successful transactional practice.

Mr. Fersko's practice reflects his extensive experience as a commercial real estate and general business lawyer. His legal services emphasize industrial and commercial real estate activities, with a particular focus on industrial leasing, project financing, sustainable development and alternative energy initiatives, urban redevelopment, and the impact of environmental laws on commercial real estate transactions, including the acquisition and redevelopment of environmentally contaminated sites. He has successfully negotiated numerous real estate agreements involving complex environmental transactional issues and related insurance agreements.

Mr. Fersko's participation in high-value real estate transactions in New Jersey includes his leading a team of lawyers as real estate, land use and public finance counsel to a major private equity firm, his involvement in one of the largest portfolio sales of industrial real estate to be completed in New Jersey in recent years, and his key role throughout the planning, financing and construction phases of one of the country's largest roof-mounted solar energy installations.

Mr. Fersko counsels clients on transactional issues and funding options related to green building and solar development and the impact of these initiatives on leases and other agreements, including the negotiation and drafting of Engineering, Procurement and Construction Agreements (EPC) and Power Purchase Agreements (PPA).

Mr. Fersko joined the firm in January 2012. He was previously chair of the Real Estate & Redevelopment practice group at Farer Fersko.

Since the 1990's, Mr. Fersko has been coordinating, moderating and lecturing at comprehensive annual seminars addressing a variety of transactional and leasing issues for the New Jersey Institute for Continuing Legal Education. Throughout his career, he has chaired and presented programs for groups including the American College of Real Estate Lawyers, NAIOP, the American and New Jersey State Bar Associations and the International Council of Shopping Centers. Mr. Fersko has also been a guest lecturer at Monmouth University's Kislak Real Estate Institute, and has been invited to lecture at New York University and Columbia University's graduate school real estate programs.

Uniquely NJ

•Member, NAIOP NJ chapter: member, Legal Action Committee; member, Energy & Sustainability Committee; member, Legislative Affairs Committee; past member, Board of Trustees
•Member, New Jersey State Bar Association; member, Renewable Energy, Cleantech and Climate Change Committee
•Former Director, Community Builders Association of New Jersey
•Profiled in Meet the Lawyers as one of New Jersey's leading real estate lawyers by Real Estate New Jersey Magazine (2007, 2008)
•Past President of Temple Sharey Tefilo-Israel, South Orange, NJ

Presentations & Speaking Engagements

Lecturer, Introduction to Commercial Real Estate Leasing
Sponsor: Real Estate Practice Seminar, Middlesex County Bar Association, April 9, 2015

Presenter, Commercial Leasing in 2015
Sponsor: New Jersey Institute for Continuing Legal Education, December 10, 2014

Panelist, Second Annual Northeast Industrial Real Estate Summit
Sponsor: CAPRATE Events, September 23, 2014

Presenter, Common Problems and Pitfalls in Commercial Real Estate Leasing
Sponsor: Fourth Annual Business Law Section/Taxation Law Section Joint CLE Dinner Meeting, June 17, 2014

Presenter, 2014 Fundamentals of Commercial Real Estate: Commercial Real Estate Leasing
Sponsor: ABA Section of Real Property, Trust & Estate Law Spring Symposia, May 2, 2014

Presenter, Real Estate Leasing
Sponsor: ABA Real Property, Trust & Estate Law Section webinar, February 26, 2014

Moderator/Presenter, Critical Issues in Drafting & Negotiating Office, Retail, Industrial & Ground Leases
Sponsor: New Jersey Institute for Continuing Legal Education, December 12, 2013

Moderator/Presenter, Critical Issues in Drafting & Negotiating Office, Retail, Industrial & Ground Leases
Sponsor: New Jersey Institute for Continuing Legal Education (NJICLE), December 12, 2013

Moderator, Protecting the Owner: Construction Insurance On A High-Rise Office Building
Sponsor: ACRELive Program, September 25, 2013

Speaker, Structuring Solar Development Financing, Leasing and Operating Agreements for Commercial Properties
Sponsor: Strafford Webinar, September 19, 2013

Presenter, The Art of the Deal: Navigating Issues in Commercial Real Estate Law
Sponsor: NJICLE, May 23, 2013

Panelist, Solar Panel Siting Negotiations: Leasing and Land Use Issues and Special Considerations for Government Property
Sponsor: 24th Annual Spring CLE Symposia, American Bar Association Section of Real Property, Trust and Estate Law, May 3, 2013

Faculty, Harvesting Income from Solar Development: Incentives, Documentation and Financing
Sponsor: ALI CLE and ACREL Webinar, April 25, 2013

Presenter, Stick It Where The Sun Shines: Solar Development as the Next Real Estate Frontier
Sponsor: American College of Real Estate Lawyers 2013 Spring Meeting, March 2013

Presenter, Complex Issues in Commercial Real Estate Law
Sponsor: NJICLE, December 14, 2012

Co-Chair and Faculty, Commercial Leasing for the Smaller Client
Sponsor: NJICLE, December 2011

Co-Chair and Faculty, Sophisticated Commercial Real Estate Practice - Purchase, Sale, Leasing, Environmental, Land Use Issues & More
Sponsor: NJICLE, March 2011

Co-Chair and Faculty, An Introduction to Commercial Leasing
Sponsor: NJICLE, December 1, 2010

Lecturer, Renewable Energy Update 2010: Practical Information to Consider before Jumping In
Sponsor: NAIOP-NJ Seminar, October 2010

Lecturer, Confronting Issues of Sustainability in Commercial Real Estate Development Agreements
Sponsor: NAIOP Center For Education Webinar, September 2010

Co-Chair and Faculty, Commercial Real Estate Transactions: From Handshake to Closing Table
Sponsor: NJICLE, May 2009

Moderator and Program Coordinator, In-Depth Commercial Real Estate Practice - Part III: Title Insurance, Finance, ADR, Tax Strategies, 1031 Exchanges & Condos
Sponsor: NJICLE, October 2007

Lecturer, What Every Leasing Attorney Needs to Know About Insurance
Sponsor: ABA Real Property, Trust and Estate Law Section Annual Meeting, September 1, 2007

Co-Chair and Faculty, An Introduction to Commercial Leasing
Sponsor: NJICLE, July 2007

Moderator and Program Coordinator, In-Depth Commercial Real Estate Practice - Part II: Leasing, Construction & Insurance Issues
Sponsor: NJICLE, May 2007

Moderator and Program Coordinator, In-Depth Commercial Real Estate Practice - Part 1: Purchase, Sale, Environmental and Land Use Issues
Sponsor: NJICLE, December 2006

Moderator, Commercial Real Estate Transactions: From Handshake to Closing Table
Sponsor: NJICLE, 2005

Workshop Chair, New Challenges for Urban Development - The Changing Landscape of Condemnation & Redevelopment
Sponsor: ACREL Annual Meeting, 2005

Program Chair, Managing Environmental Risks Through Insurance
Sponsor: ABA Real Property Symposium, April 2002

Publications & Alerts

Co-Author, 2015 Real Estate Update: Trending Issues & Topics of Interest
Greenbaum, Rowe, Smith & Davis LLP Client Alert, March 2015

Co-Author, New Law Addresses Fire Safety Concerns For Roof Mounted Solar Panels in New Jersey
Greenbaum, Rowe, Smith & Davis LLP Client Alert, February 2014

Author, Outline of Issues Concerning Rent, Security, Defaults and Remedies
Program Material for “Critical Issues in Drafting & Negotiating Office, Retail, Industrial & Ground Leases” NJICLE, December 2013

Author, Compliance with Laws Issues in Commercial Lease Transactions
Program Material for “Critical Issues in Drafting & Negotiating Office, Retail, Industrial & Ground Leases” NJICLE, December 2013

Author, Outline of Issues Concerning Assignment and Subletting
Program Material for “Critical Issues in Drafting & Negotiating Office, Retail, Industrial & Ground Leases NJICLE, December 2013

Author, Solar Generation: The Development of the Next Real Estate Frontier
ACREL Papers, Spring 2013

Author, Insurance Issues Affecting Green Development

Editor and Contributing Author, Commercial Real Estate Transactions in New Jersey: Volume I and II
New Jersey Institute for Continuing Legal Education, 3rd Edition, 2010

Contributing Author, Brownfields - A Comprehensive Guide to Redeveloping Contaminated Property
- Chapter 15: “Environmental Insurance in Brownfield Transactions: Issues and Answers” American Bar Association, Section of Environment, Energy and Resources, 3rd Edition, 2010

Contributing Author, The Commercial Lease Formbook
American Bar Association, Section of Real Property, Trust and Estate Law, 2nd Edition, 2010

Contributing Author, Commercial Real Estate Transactions Handbook
Chapter 12: “Environmental Issues in Commercial Real Estate Sales and Leases Aspen Publishers, 4th Edition, January 1, 2009

Co-Author, Condemnation: The Impact of Environmental Contamination on Property Valuation
American College of Real Estate Lawyers Program Materials, 2006

Co-Author, Using Environmental Insurance in Commercial Real Estate Transactions
Probate & Property, January/February 2003 Vol. 17 No. 1

Co-Author, Using Environmental Insurance in Commercial Real Estate Transactions
International Council of Shopping Centers Law Conference Materials, 2002

Author, Addressing Environmental Issues in Real Estate Transactions
New Jersey Real Estate Practice for Paralegals Half Moon LLC, January 1, 2001

Co-Author, The Emerging Role of Environmental Insurance in Commercial Real Estate Transactions: Issues and Answers
The ACREL Papers, 2000

Author, Repair Covenants: The Jekyll and Hyde of Leases
Probate & Property, January/February 1998

News

2015 Chambers USA Guide Recognizes Greenbaum, Rowe, Smith & Davis in Four Practice Areas; Ranks 15 Partners as Leading Individuals
June 1, 2015

2015 Edition of Best Lawyers Recognizes 42 Attorneys in 37 Practice Areas
August 18, 2014

Greenbaum, Rowe, Smith & Davis Launches Redevelopment & Land Use Department
June 19, 2014

2014 Chambers USA Guide Recognizes Greenbaum, Rowe, Smith & Davis in Four Practice Areas
--14 Partners Ranked As Leading Individuals-- June 12, 2014

Greenbaum, Rowe, Smith & Davis to sponsor I.CON: The Industrial Conference 2014
June 1, 2014

Greenbaum Real Estate Team Represents Developer Jonathan Rose Companies in South Orange Redevelopment Project
May 16, 2014

39 Attorneys From Firm Selected For Inclusion in 2014 Edition of New Jersey Super Lawyers
-- Paul A. Rowe Receives Number One Ranking For Third Consecutive Year -- April 1, 2014

2014 Edition of Best Lawyers Recognizes 42 Attorneys in 37 Practice Areas
September 6, 2013

2013 Chambers USA Guide Recognizes Greenbaum, Rowe, Smith & Davis As Leading Law Firm in Four Practice Areas
14 Partners Ranked As Leading Individuals June 3, 2013

Greenbaum Legal Team Finalists for NAIOP NJ Chapter Deal of the Year Award
May 1, 2013

Partners Jack Fersko and Ann Waeger at American College of Real Estate Lawyers 2013 Spring Meeting
March 20, 2013

2013 Best Lawyers Selects Ten Greenbaum Partners as Lawyer of the Year
Recognizes 43 Attorneys in Respective Practice Areas September 8, 2012

Real Estate Team at GRS&D Represents Seller in Major Industrial Real Estate Transaction in Northern New Jersey
September 6, 2012

GRS&D Achieves Significant Environmental Appellate Victory
Court Strikes Down NJDEP Regulation That Imposed Cleanup Obligations on Users of Small Amounts of Hazardous Substances July 12, 2012

2012 Chambers USA Guide Recognizes GRS&D As Leading Law Firm in Four Practice Areas
- 13 Greenbaum Partners Ranked As Leading Individuals - June 13, 2012

Greenbaum, Rowe, Smith & Davis LLP Launches Environmental Department
Welcomes Thirteen Attorneys to the Firm January 3, 2012

Honors & Awards

•Fellow in the American College of Real Estate Lawyers (ACREL); past Chair, Changes in the Profession Task Force Committee; Chair, Energy Subcommittee of Land Use and Environmental Committee; past Chair, Land Use and Environmental Committee; past member of the Board of Governors
•Martindale-Hubbell Peer Review Rated AV Preeminent (a trademark of Internet Brands, Inc.) (1990 - present)
•Listed in Chambers USA - America's Leading Lawyers for Business (a publication of Chambers and Partners) in the Real Estate: Zoning/Land Use practice area (2004 - present)
•Listed in The Best Lawyers in America (a trademark of Woodward/White, Inc.) in the Real Estate practice area (2007 - present)
•Listed in New Jersey Super Lawyers (a Thompson Reuters business) in the Real Estate practice area (2005 - present); listed by Super Lawyers as one of New Jersey's Top 100 Lawyers (2010 - 2014)
•Selected for inclusion in Who's Who Legal - Real Estate (a publication of Law Business Research Ltd.) (2013 - present)
•Listed in the Who's Who Legal 2015 - Compendium Edition (a publication of Law Business Research Ltd.)
•Recipient of the NAIOP-NJ Industry Service Award (2006) and President's Award (2005)

 
Reported CasesRepresentative Matters: Played a lead role in one of the largest portfolio sales of industrial real estate to be completed in New Jersey in several years as a member of the firm's real estate team representing affiliated entities of Avidan Management LLC as the sellers of approximately 2.6 million square feet of office and warehouse space located in South Brunswick, Edison, Elizabeth and Bayonne. The high-value transaction, which closed in late August 2012, involved the acquisition of a nine-building portfolio of properties, including office, light industrial, cold storage and bulk distribution space, by Cohen Asset Management Inc., an industrial and commercial real estate investment firm. Mr. Fersko and his team negotiated five power purchase agreements covering over 6 MWs of solar production on behalf of Avidan, a leading solar developer in the New Jersey market who has worked closely with our real estate group on a number of alternative energy projects in the past. The deal was closed in 2012 and the project led to the team being named Finalists for the Industrial Deal of the Year by NAIOP New Jersey Chapter in 2013. Counseled a joint venture between developer Jonathan Rose Companies and JP Morgan Chase on title and construction loan closings for a mixed use redevelopment project in South Orange, NJ. The project will consist of a 215 unit LEED certified apartment building, retail space and a 500+ space parking facility, a portion of which will be available for public use. The firm advised on the transfer of property to our client pursuant to a Redevelopment Agreement previously negotiated by our team, and also negotiated a $38,500,000 million construction mortgage loan for the project. The deal represents a major milestone for the project and a significant step forward for South Orange's downtown redevelopment. Was part of the team and provided real estate related support in the firm's successful representation of plaintiff Des Champs Laboratories in Des Champs Laboratories, Inc. v. Martin, 2012 N.J. Super. LEXIS 115 (App. Div. 2012), in which the Court struck down an unauthorized regulation of the New Jersey Department of Environmental Protection (NJDEP) which threatened to significantly increase clean up obligations under the Industrial Site Recovery Act (ISRA) for businesses using very small amounts of hazardous substances. The case was argued in court by Daniel L. Schmutter, partner in the Litigation Department. Lead a team of lawyers as real estate, land use and public finance counsel to private equity firm KTR Capital Partners in its 2011 acquisition of the iPort 12 International Trade and Logistics Center in Carteret, New Jersey. The 70 acre former brownfield site and prior municipal solid waste landfill was redeveloped in 2007. Representation addressed a broad range of issues including those related to right of access and title, the transfer of permits, and the transfer of access rights, a process which required extensive negotiations with multiple public and quasi-public entities. Mr. Fersko also negotiated and orchestrated the assignment, assumption and amendment of existing public financing through the New Jersey Environmental Infrastructure Trust (EIT) and the NJDEP, which was secured by Payments in Lieu of Taxes pursuant to a financial agreement under New Jersey's long term tax exemption law. This process required approvals from the Borough of Carteret, the Carteret Redevelopment Agency, the EIT (subject to the Governor's right of veto), and the Commissioner of the NJDEP. KTR's acquisition of the 1.26 million square foot warehouse space included the negotiation of a short sale with the original developer's lender and the assumption of public financing originally obtained to fund environmental remediation of the site. Played a key role throughout the planning, financing and construction phases of one of the country's largest roof-mounted solar energy installations with his representation of Avidan Energy Solutions in its development of a massive 4.26 megawatt solar energy system in Edison, NJ. Mr. Fersko spearheaded negotiation of an Engineering, Procurement and Construction (EPC) agreement, handled the review and negotiation of related warranties and agreements covering roof contracting and system services and maintenance, and coordinated real estate debt financing for the project. Representation also included oversight of an application for federal grant money, advising on the sale of solar renewable energy certificates (SRECs), and implementation of a power purchase agreement (PPA). The completed rooftop solar array, which covers 650,000 square feet and draws power from approximately 18,000 photovoltaic solar panels, was designed to generate enough solar power to meet approximately 50 percent of the facility's 1 million kilowatt hour monthly energy needs, effectively reducing the building's carbon footprint by half and significantly reducing tenants' operating expenses by bringing down energy costs.
 
ISLN907452971
 


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Office Information

Jack Fersko

99 Wood Avenue South, 4th Floor
WoodbridgeNJ 07095-0988




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