Jack Fersko

Jack focuses his practice on commercial real estate and business transactions, with particular experience in industrial, commercial, and retail real estate matters. His practice includes acquisitions, dispositions, leasing, financing, redevelopment projects, environmentally impacted transactions, landlord-tenant matters, and alternative energy initiatives.

He represents clients in sophisticated transactions involving large-scale acquisitions, mixed-use developments, data centers, specialized assets, and complex financing structures. Jack regularly advises real estate developers, real estate investment trusts (REITs), commercial and industrial property owners and operators, commercial tenants, healthcare systems, and real estate investors.

Jack has significant experience addressing the impact of environmental laws on commercial real estate transactions, including matters involving New Jersey’s Industrial Site Recovery Act (ISRA). He advises clients on the acquisition and redevelopment of environmentally contaminated properties and negotiates agreements involving environmental liabilities, post-closing obligations, and related insurance issues.

He also counsels clients on alternative energy and solar development matters, including transactional and funding issues affecting leases and related agreements. His work includes negotiating and drafting Engineering, Procurement and Construction Agreements (EPCs), Power Purchase Agreements (PPAs), rooftop leases, easement agreements, access agreements, and related contracts.

American College of Real Estate Lawyers (ACREL) Fellow: Programs Committee, Chair; Changes in the Profession Task Force Committee, past Chair; Energy Subcommittee of Land Use and Environmental Committee, Chair; Land Use and Environmental Committee, past Chair; Board of Governors, former member

NAIOP New Jersey: Board of Trustees (Former Member); Legal Action Committee; Energy & Sustainability Committee; Legislative Committee

National Association of Office and Industrial Properties (NAIOP): Environmental and Infrastructure Committee (Former Chair)

New Jersey State Bar Association: Cannabis and Psychedelics Law Special Committee: Co-Chair, Corporate-Transactional Subcommittee; Corporate Sustainability, Cleantech, and Climate Change Special Committee

American Bar Association: Real Property, Trust and Estate Law Section, Council Member; RPTE Section Committee on Groups and Substantive Committees, Co-Chair; Special Investors and Investment Structure Group, Council Representative; Government Submissions Task Force, former Chair; RPTE Section Leasing Group, former Chair; Section of Environment, Energy and Resources

Industrial and Office Real Estate Brokers Association: Executive Committee

American Bar Foundation Fellow

Jewish Bar Association of New Jersey

Community Builders Association of New Jersey (Former Director)

Editor and Contributor, “Commercial Real Estate Transactions in New Jersey” (ICLE 2019 – Fourth Edition)

Contributor, “Commercial Real Estate Transactions Handbook” (Aspen Press, updated to 2019)

Contributor, “Brownfields – A Comprehensive Guide to Redevelopment of Contaminated Property” (ABA 2010)

Temple Sharey Tefilo-Israel, South Orange, NJ (Past President)

Represented the sellers in the disposition of a landmark distribution facility in Jacksonville, Florida, leased under a complex, long-term triple-net lease to a major credit tenant, in a transaction exceeding $90 million. Jack negotiated and drafted the purchase and sale agreement, guided the sellers through extensive buyer due diligence, and coordinated a successful closing that set a record sales price for the Jacksonville market, allowing the sellers to exit a 30-year investment at peak value.

Represented affiliated entities of Avidan Management LLC in one of New Jersey’s largest industrial real estate portfolio sales at the time, involving approximately 2.6 million square feet of office, warehouse, cold-storage, and bulk distribution space across multiple municipalities. The transaction included negotiation of five power purchase agreements covering more than 6 MW of solar production and was recognized as a finalist for NAIOP NJ’s "Industrial Deal of the Year."

Represented Avidan Energy Solutions in the planning, financing and construction of one of the country’s largest roof-mounted solar installations, a 4.26-MW system in Edison. Jack led negotiation of EPC and power purchase agreements, coordinated real estate debt financing, advised on federal grant funding and the sale of SRECs. The firm’s work supported the development of a system spanning 650,000 square feet and approximately 18,000 photovoltaic solar panels, supplying roughly 50% of the facility’s energy needs and significantly reducing tenants’ operating expenses.

Advised on a joint venture between developer Jonathan Rose Companies and JP Morgan Chase on a mixed-use redevelopment project in South Orange, including title matters, redevelopment implementation, and negotiation of a $38.5 million construction loan. The high-profile project, a 215-unit LEED certified apartment building, retail space and a 500+ space parking facility, represented a significant milestone in the revitalization of the municipality’s downtown.

Provided real estate and land use support in the firm’s successful representation of Des Champs Laboratories, in which the New Jersey Appellate Division struck down an unauthorized NJDEP regulation that would have significantly expanded cleanup obligations under the IISRA.

Represented the sellers in the sale of three commercial properties in New Jersey for an aggregate purchase price of $80 million, resolving complex entity-interest history issues, open permits and violations, tenant estoppels and SNDAs, title defects including outstanding judgments, transfers of security deposits via letters of credit, repair agreements, and broker-related issues to achieve a successful closing.

Led a multidisciplinary team as real estate, land use, and public finance counsel to a private equity firm in its acquisition of the iPort 12 International Trade and Logistics Center in Carteret, a 1.26-million-square-foot logistics facility on a former brownfield and landfill site. The firm’s representation included complex title and access issues, assumption and amendment of PILOT agreements, negotiations with multiple public entities, and coordination of a lender short sale tied to prior environmental remediation financing.

Represented Terreno Realty Corporation in the $29.8 million negotiated sale of an industrial property in Newark to a governmental agency in lieu of condemnation, addressing phased takings, tenant and environmental access issues, and valuation protections tied to potential future acquisitions.

Represented a client in a Florida real estate sale structured as a Section 1031 exchange, including pre-sale reorganization of multiple entities into a single holding company, negotiation of the sale of three parcels, coordination of tenant access and estoppels, and execution of exchange documentation.

Represented a landlord in the negotiation of a large-format grocery lease involving exclusivity rights, coordination with a planned adjacent multifamily redevelopment, restructuring of a PILOT agreement, integration of a rooftop solar project, and lender coordination. Jack also negotiated a complex lease termination and lender-approved unwind.

Represented an industrial property owner in the negotiation of a 79,000 square foot industrial lease requiring subdivision of a newly constructed building, early tenant access during construction, lender coordination, accommodation of a rooftop solar installation, and expedited municipal approvals.

Represented a manufacturing client in the sale of an industrial property involving ISRA-triggered environmental liabilities, negotiating a sophisticated agreement shifting remediation obligations to the buyer, requiring environmental insurance, post-closing access rights, recorded institutional controls, and collateral securing ongoing obligations.

Represented a solar energy owner and operator in connection with the sale of a 6.43-MW rooftop solar portfolio in New Jersey, including transfer of interconnection agreements, PJM GATS accounts, and power purchase agreements, and advising on utility rate implications. The firm previously represented this client in construction, financing, and PPA negotiation.

Advising a real estate development, investment, and management firm on community solar and on-site renewable energy projects, including negotiation of long-term solar leases, transmission easements, and ongoing compliance with NJ BPU requirements.

Represented sellers in structuring a $98 million option-based sale of a multi-property industrial portfolio, addressing extensive title and environmental issues, allocation of remediation obligations, negotiation of environmental insurance, and recording of post-closing obligations binding future owners and lenders.

Ohio Northern University

J.D.

1978

Marietta College

B.A.

1975

Industry Service Award

NAIOP New Jersey

2006

President’s Award

NAIOP New Jersey

2005