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Stephen A. Kisker
 

Stephen A. Kisker

Member West Orange, NJ  

Stephen Kisker, a member in the firm’s Real Estate, Development & Land Use Group, and chair of its Renewable Energy and Sustainability Group, advises on all facets of commercial and residential real estate acquisition, development, financing, redevelopment, management and disposition. Steve also assists end users, contractors, developers, investors and lenders in the sale, purchase, structuring and development of renewable energy projects.


Steve represents national and regional landlords and tenants in leasing transactions for mixed-use developments, regional malls, strip malls, lifestyle centers, office buildings and industrial properties across the country. He also represents developers in the formation and regulatory approval of condominiums and planned unit developments. His clients also include borrowers and lenders in complex asset-based financings. He also represents both buyers and sellers in the person to person and place to place transfer of liquor licenses in New Jersey. In addition, he provides experienced counsel on all aspects of renewable energy projects, including: power purchase agreements; engineering, procurement and construction agreements; site leases and licenses; REC contracts; operation and maintenance contracts; joint venture agreements; asset purchase agreements; membership purchase agreements; and stock purchase agreements.

Steve is a frequent speaker and author regarding solar energy policy, project structuring and development. He is also general counsel to the New Jersey Solar Energy Coalition, where he assists many solar project owners, developers and financiers.

Steve served as an intern to Judge Alfred J. Lechner of the United States District Court for the District of New Jersey, and as law clerk to Judge Julius A. Feinberg of the Superior Court of New Jersey, Essex County.

Education
  • Rutgers Law School (J.D., 1994)
  • Purdue University (B.A., 1991)
Admissions
  • New Jersey
  • New York
  • Connecticut

Renewable Energy

  • Represented various property owners and solar developers in connection with power purchase agreements and site leases/licenses for numerous net metered solar projects totaling more than 100 MW
  • Represented solar developer in negotiation of a power purchase agreement and site lease for a 6 MW net metered solar facility at a New Jersey private school
  • Represented multiple solar developers and property owners in the negotiation of engineering, procurement and construction agreements for numerous solar projects totaling more than 150 MW
  • Represented developer in negotiation of master roof lease for eight separate rooftops to be used for solar installations
  • Represented developers in due diligence and purchase of numerous solar farms totaling more than 50 MW
  • Represented shopping center owner in negotiation of long term roof lease and power purchase agreement for the installation of a 1.5 MW system in Massachusetts
  • Representing institutional lender in structuring and implementing solar project financings across the country
  • Represented land owner in negotiation of power purchase agreement for 7.2 MW net metered solar facility
  • Represented owner of closed landfill in negotiation of long term ground lease for the development of a 15 MW solar farm
  • Represented developer in structuring a 1.2 MW solar energy project in Westchester County, NY
  • Represented solar developer in negotiation of power purchase agreement and site lease for an 8 MW net metered solar facility at a New Jersey municipal utility facility
  • Represented solar developer in the negotiation of a system design/development agreement for a net metered project at a New Jersey state college
  • Represented solar developer in negotiation of two power purchase agreements and two site leases for a net metered solar project for a New Jersey regional middle school and high school
  • Represented solar developer in the structuring, financing and implementation of a 6MW solar project on a municipal landfill pursuant to New Jersey's Local Redevelopment and Housing Law and New Jersey's Local Bond Law. The electricity generated by the project is being used by the municipality and the project was financed with Bond Anticipation Notes and 15 year Municipal General Obligation Bonds
  • Assisted solar developer in becoming a licensed third party retail electric supplier
  • Representing solar developer in negotiation of power purchase agreements and leases for multiple municipalities and school districts
  • Representing numerous solar developers in the structuring and implementation of multiple solar projects on landfills
  • Represented Fortune 100 company in the negotiation of an engineering, procurement and construction agreement for a 3MW roof array on a data center and a solar lease for a community solar project on another of its facilities
  • Representing numerous solar developers in petitions to the Board of Public Utilities seeking extensions of project deadlines
  • Representing numerous property owners in structuring and implementing solar projects for their existing real estate assets
  • Assisting numerous contract purchasers regarding diligence of solar installations on assets to be purchased
  • Assisting property owner in structuring and implementing community solar projects on multiple properties


Real Estate

  • Represented landlord in a $30,000,000 portfolio financing involving 18 shopping centers in 10 states
  • Served as local New Jersey counsel for Canadian company in connection with a $28,000,000 asset based financing
  • Represented developer in financing and closing of a 20 acre industrial and office campus in New Jersey that was redeveloped into a shopping center, and the leasing of said project
  • Represented developer in financing and closing various industrial parcels that were redeveloped into a 334,000 square foot shopping center in New Jersey, and the leasing of said project
  • Represented national landlord in leasing more than 1.5 million square feet of space in big box anchored retail projects
  • Represented land owner in the leasing of two vacant parcels of land to a developer for the construction of two "lifestyle" shopping centers
  • Represented national retailer in the disposition of more than 80 surplus locations
  • Represented New Jersey Turnpike Authority in right of way acquisitions, surplus property dispositions and related real estate matters, including the negotiation of 205,000 square foot headquarters lease and the subsequent purchase of the building
  • Represented purchaser in the acquisition and financing of a 220 unit apartment complex in New Jersey
  • Represented developer in the purchase of a city block in Hoboken for redevelopment
  • Represented restaurant owner in restructuring of its lease following the onset of the COVID-19 pandemic
  • Represented national REIT in the acquisition of multiple industrial development sites
  • Represented land owner in negotiation of ground lease for the development and operation of a medical waste recycling facility
  • Represented land owner in structuring and creating a 6 unit commercial condominium on 21 acres
  • Represented multiple building owners in sale of long term roof easements and existing communication leases
  • Represented tenant in lease of 280,000 square foot freezer warehouse in New Jersey
  • Represented tenant in lease of 750,000 square foot warehouse in Georgia


 
December 12, 2017

Structuring Solar Leases

 
  • American Bar Association
  • International Council of Shopping Centers
  • NAIOP - New Jersey Chapter
  • New Jersey Solar Energy Coalition, General Counsel
  • New Jersey State Bar Association
  • New York State Bar Association