Departments

Phone: 312.873.3615
Fax: 312.819.1910

Mark A Gershon

Shareholder

Mark A. Gershon is the vice chair of the national Real Estate Development group and chair of the Chicago Real Estate Development group. He has extensive experience in commercial, energy, industrial, retail and residential development, governmental approvals, conveyance and financing. For more than 24 years he has successfully obtained land use, zoning and other local, state and federal governmental, and regulatory approvals, negotiated and documented a wide range of projects including:

  • Business and industrial parks
  • Shopping centers
  • Wind farms and other renewable energy projects and facilities
  • Peak and base load energy plants
  • Transmission and utility projects
  • Residential and mixed use developments
  • Remediation and Brownfields
  • Specialty projects such as corporate relocations, outdoor amphitheaters and radio towers

Mr. Gershon’s clients range from Fortune 50 and international companies to mid-size corporations, and from national and regional real estate and energy companies to small family held businesses and municipalities.

He has facilitated the establishment of public-private partnerships, obtained governmental incentives including tax increment financing and sales tax rebate agreements, and brought together governmental, business and community organizations to enable development of blighted, environmentally and financially challenged, and previously undevelopable, projects ranging from former refinery and other brownfield sites to deteriorating downtown areas to foreclosed office and commercial projects.

Additionally, Mr. Gershon has been directly involved in many of the largest regional industrial and office parks, and energy projects in the Chicago metropolitan area, as well as numerous retail, hotel, entertainment and residential venues. In difficult economic times he has worked with governmental entities, lenders, developers and property owners to restructure transactional and governmental approvals to establish and implement strategy enabling successful development of challenged projects.

Mr. Gershon has extensive experience in property analysis and coordination of all aspects of public and private project development from site investigation, code analysis and project strategy, negotiation of conveyance, acquisition, leasing, joint venture and finance documentation to coordination of project teams including developers, architects, contractors, land planners, environmental, sound and other land use consultants. In projects ranging from infill development in established metropolitan areas to regional wind farms covering tens of thousands of acres, Mr. Gershon has successfully brought together the project teams and strategy necessary to address community and governmental concerns while satisfying the demands of governmental regulatory agencies and lenders.

Memberships and Affiliations

  • American Bar Association
  • Chicago Bar Association
  • American Wind Energy Association
  • International Conference of Shopping Centers
  • National Association of Industrial and Office Properties
    • Former Chair, Public Affairs
    • Member, Green Task Force
  • Illinois Wind Energy Association
  • Olin-Sang-Ruby Union Institute
    • Immediate past Chair, Board of Governors
  • Producation Organization for Cultural Events and Theater, Vice Chair

Distinctions

  • AV rated in Martindal Hubbell
  • Designated an Illinois Super Lawyer over multiple years, including 2009, as the result of research projects conducted jointly by the Law & Politics and Chicago magazines
  • Selected as a Leading Lawyer in Land Use, Zoning and Real Estate (Commercial & Finance) Law, 2009

Experience

  • Representing a Fortune 50 international energy company in clean-up, redevelopment and multi-governmental approvals related to a former refinery site
  • Represented a local family in obtaining annexation, development land use and zoning approvals, including granting of governmental incentives, such as sales tax revenue sharing agreements, for a 900,000 square foot retail center and town home development and the successful development and operation of the retail center
  • Represented the Village of Barrington in its downtown redevelopment including negotiating, drafting and implementing redevelopment agreements, tax increment financing documentation, acquisitions, easements, vertical subdivisions, leases, final planning and permitting approvals, environmental and related matters
  • Representing the developer of a wind farm (770 MW maximum) on 30,000 acres in four counties in Illinois regarding all local and county land use and zoning approvals and regulatory requirements
  • Representing a Fortune 50 international retail corporation in all aspects of the relocation and development of its two million square headquarters and the development of an almost 800 acre business park
  • Representing subsidiaries of a publicly traded multinational corporation in several peaker plant projects totaling approximately 1800 MW of new and potential capacity in (i) the Village of Manhattan, (ii) Kendall County, and (iii) Livingston County Illinois
  • Represented one of the nation’s largest industrial park developers in development of multiple premier office, industrial and warehouse business parks including infrastructure and project development, governmental approvals, leasing and governmental incentives for millions of square feet of new facilities
  • Primary development counsel for multiple regional shopping centers. Secured development approvals and addressed tenant issues for multiple anchors, big box retailers, restaurants, movie theaters and other retail tenants. Oversaw financial incentives, development approvals and construction issues related to development and redevelopment of shopping centers.
  • Representing a developer in redevelopment of a block and a half in downtown Arlington Heights. The transaction included the negotiation of a Tax Increment Financing based redevelopment agreement with the Village. Successful representation of our client occurred in the face of significant organized opposition, including petitions by thousands of residents and litigation. Representation included preparation of reciprocal easement and operating agreement, Final P.U.D. and Plat approval, street vacation, establishment of joint ventures, the lease of space and numerous other issues.
  • Representing a developer in obtaining approval of an outdoor music venue, including obtaining municipal approvals and addressing regulatory requirements in the face of significant public opposition
  • Representing a leading regional family banking company in obtaining the rezoning and development approvals for its new bank headquarters in Barrington, Illinois. The eventual Bank site was initially zoned residential and had residential properties on three sides.
  • Representing a financial corporation and federal savings bank in obtaining development approvals, tax credits and governmental financing for development and governmental approval of multiple residential projects, including conversion and rehabilitation of the a hotel in Indiana to a mixed-use seniors center
  • Representing a national energy company as local counsel on an 1100 MW combined cycle facility in Minooka, Illinois, on multiple environmental, land use and related developer approvals, including the first non-riparian water use permit issued in Illinois in 50 years, as well as extensive complex acquisition, easement, construction and project finance issues
  • Representing a publicly traded energy company as local counsel in connection with the acquisition of a power plant facility and two power plant development sites including land use, environmental, real estate and finance matters
  • Representing a Fortune 500 publicly traded energy company in peaker plant projects representing approximately 1200 MW of new and potential capacity
  • Representing the developer of a 240 MW wind farm in Illinois, including obtaining all county land use and zoning approvals and addressing real estate easements, title review and other transactional and construction issues
  • Representing the developer of a 150 MW wind farm in Illinois, including obtaining or addressing county, state and federal requirements and approvals (zoning, developmental, environmental and regulatory), project finance, real estate and construction documentation, title review and issuance of regulatory legal opinions