John W. Waldeck, Jr.

Partner

Direct:  216.928-2914
Fax:  216.916.2352

jwaldeck@walterhav.com

Focus Areas

Education

  • Cleveland-Marshall College of Law, J.D., summa cum laude, 1977
  • John Carroll University, B.S., 1973

Licensed to Practice

  • Ohio

Overview

Jack has over 40 years of experience in handling real estate and real estate- related transactions for owner/developers, corporations, lending institutions, health care providers, non-profit institutions and individuals. He has served as counsel in various capacities for an extensive cross-section of client projects including office and medical buildings and campuses, warehouses, condominiums and planned unit developments, marinas, hospital buildings, apartment buildings and warehouse/office-to-apartment conversions, affordable low income housing, residential subdivisions, industrial parks, live performance theaters, hotels and motor inns, and shopping centers. He has acted as counsel to local and national lenders in negotiating and documenting construction and permanent loans, and has negotiated leases of all types (shopping center, office industrial) for both landlords and tenants, including ground leases, build-to-suit and complex construction/work letter situations.

Jack’s construction and development related experience includes lump-sum, guaranteed maximum price, design build and construction management agreements, zoning and land use planning, and mechanics’ lien matters. The formation of business entities dealing with real estate, such as limited liability companies, joint ventures and limited partnerships, is one of Jack’s specialties, including requisite documentation and planning for Historic Tax Credit and New Markets Tax Credit transactions. He has handled acquisitions, like-kind exchanges, sales and options for a wide variety of real estate including vacant land, conservation easements and flyways, properties affected by littoral and riparian rights, air rights and improved properties of all sorts.

Jack is a frequent lecturer and writer on real estate topics for the Ohio State and Cleveland Metropolitan Bar Associations and other legal education organizations. He is listed in Who’s Who in American Law. He is a 1992 Leadership Cleveland graduate and has served on the boards of numerous community organizations.

Download John W. Waldeck, Jr.'s Full Bio

Experience

  • Represented Developer in $175Million Mixed Use Adaptive Renovation of former downtown bank headquarters campus to include new government headquarters building, hotel, upscale apartments, office space and food supermarket utilizing Historic and New Markets Tax Credits, multiple financing tranches including EB-5, and TIF and government incentives, and the air rights split of the project to facilitate financing and ownership division.
  • Represented Developer in conversion of iconic downtown office building to Kimpton Hotel and Residences employing federal and state of Ohio Historic Tax Credits as equity source in conjunction with conventional financing.
  • Represented Hotel/Apartment Owner in $77Million CMBS refinancing.
  • Representation of Hall of Fame Stadium and Village developer in selected real estate matters in this $350Million+ project in Canton, Ohio
  • Represented owner of Historic Theatre District in acquisition and financing of office buildings and hotels, and the preservation of multiple historic theaters.
  • Represented high rise office building owner in $40Million conversion of eleven floors to residential apartment use, including commercial condominium documentation and financing.
  • Assisted clients in utilizing federal and state of Ohio Opportunity Zone Tax incentives for equity assistance in real estate development projects in Ohio Opportunity Zones.
  • Representation of developer of a $75Million corporate headquarters project including Port Authority bond issuance and financing, construction contracting and related matters.
  • Representation of Developer in $68Million ground up apartment construction project including land assembly, capital formation documentation, HUD 221(d) loan, government economic incentives, TIF and tax abatement matters.
  • Represented Developer in assembly of dilapidated historic properties in East 4th Historic area of downtown Cleveland and their conversion and adaptive reuse into retail and restaurant at street level and apartments in upper stories employing various incentive programs including federal and state Historic Tax Credits, TIF, and tax abatement programs, and subsequent leasing of the historic rehab properties.
  • Represented investor/developer in purchasing a downtown office building out of a complicated workout situation involving a pension fund as lender, and subsequent financing.
  • Represented 100+ year old nonprofit organization in purchase and build out of new early childhood and music instruction/music therapy venue employing New Markets Tax Credits as primary financing vehicle.
  • Representation of Developer in new food supermarket construction in a “food desert” employing News Markets Tax Credits, state development incentive loan, and Port Authority capital lease structure.
  • Representation of Developer in $41.5Million adaptive reuse and historic rehabilitation of five historic buildings (The Bowery Project) in downtown Akron Civic Theater District utilizing federal and state Historic Tax Credits, New Markets Tax Credits from multiple sources, HUD 108 and conventional loan financing, county and city grants, Port Authority capital lease structure and related incentives.
  • Represents owners and tenants of office, retail, warehouse and industrial/manufacturing properties in lease negotiations ranging from 5,000sf to 500,000sf+
  • Represented Developer in multiple, ongoing phases of $400Million+ historic and adaptive reuse of former manufacturing headquarters campus in Akron, Ohio including office, retail, residential and hotel components utilizing a combination of federal and state Historic and New Markets Tax Credits, conventional and capital lease structure financing, government loans and incentives, and TIF elements.

Recognition

  • 2014-2020 – Selected for inclusion in the 2014-2020 editions of The Best Lawyers in America©. Listed in the current edition for Real Estate Law.
  • 2007-2020 – Selected to Ohio Super Lawyers list. Areas of practice: Real Estate; Real Estate: Business; Business/Corporate; Closely Held Business.
  • 2018 – Named the Best Lawyers® 2018 Real Estate Law “Lawyer of the Year” in Cleveland.
  • 2016 – Named the Best Lawyers® 2016 Real Estate Law “Lawyer of the Year” in Cleveland.
  • 2010 – At the Cleveland Metropolitan Bar Association’s annual Real Estate Law Institute, Jack was honored with the “Bob Rosewater Memorial Award,” in recognition of his long-term service to the CMBA’s Real Estate Law Section, his expertise in the practice of real estate law, and his commitment to community service in Greater Cleveland.
  • 2007 – Current Ohio State Bar Association “Board Certified Specialist” in the area of Business, Commercial and Industrial Real Property Law
  • AV rated by Martindale-Hubbell
  • Who’s Who in American Law

Best Lawyers Award Badge

Best Lawyers Award Badge

 

 

 

 

 

Best Lawyers Award Badge

Articles

Presentations

  • 2002 – 2017 – Cleveland Metropolitan Bar Association’s Annual Real Estate Law Institute. Panel member on the topic, “Current Developments.”
  • 2015 – 2017 – Ohio State Bar Association Bradley J. Schaeffer Real Property Institute. Panel member on the topic “Current Development.”
  • July 12, 2013 – Ohio State Bar Association webinar. Panel presentation on the topic, “Real Estate Law Summer Update.”
  • November 10-11, 2011 – Cleveland Metropolitan Bar Association’s 33rd Annual Real Estate Law Institute. Jack served as a panelist in a session dealing with the topic, “Your Annual Malpractice Prevention Pill – Current Developments.”
  • May 12, 2010 – The Ohio State Bar Association’s Commercial Leasing Seminar, “The Leasing Process: Work Letters, Tenant Reps, Letters of Intent.”
  • December 9, 2009 – Ohio State Bar Association’s 17th Annual Real Property Institute: Real Estate In A Changing Economy. As a panel member, Jack gave an update on current developments in case law and legislation. Jack also gave a presentation about Real Property Specialty Certification in Ohio.
  • May 21, 2009 – Crew Cleveland Seminar. “Seller Financing: An Alternative to Conventional Bank Financing.”
  • May 14, 2009 – Ohio State Bar Association Annual Meeting. “Federal and State Historic Tax Credits, New Markets Tax Credits.”
  • December, 2008 – Ohio State Bar Association, 16th Annual Real Estate Law Institute. “Case Law and Legislative Update.”
  • July 14, 2004 – 2004 Ohio Municipal Law Institute, Ohio Municipal Attorneys Association. “Historic Tax Credits, Rehabilitation and Conservation Easements.”
  • 2004 – OSBA CLE Institute. “Commercial Real Estate Law – Permanent Financing.”
  • 2003 – Ohio State Bar Association/Ohio CLE Institute. “Commercial Real Estate Law – Permanent Financing.”
  • 2001 – Ohio State Bar Association/Ohio CLE Institute. “Commercial Real Estate Law – Real Estate Financing: What the Numbers Really Mean.”
  • October 26, 2000. 22nd Annual Cleveland Bar Association Real Estate Law Institute. “Reciprocal Easements and Operating Agreements.”
  • 2000 – Ohio State Bar Association/Ohio CLE Institute. Commercial Real Estate – “Real Estate Financing.”
  • November 11, 1999 – 21st Annual Cleveland Bar Association Real Estate Law Institute. “Purchase Agreements – Income Producing Properties.”
  • 1997-1998 – Ohio CLE Institute. “General Practice Update – Real Estate Law.”
  • 1997 – Ohio CLE Institute. “Basics of Residential Real Estate.”
  • 1997 – National Business Institute, Current Issues in Commercial Real Estate Leases in Ohio (including “Negotiating and Drafting Environmental Provisions in Commercial Real Estate Leases” and “Troubleshooting Selected Lease Issues”)
  • November 14, 1996 – 18th Annual Cleveland Bar Association Real Estate Law Institute. “Residential and Commercial Eviction.”
  • 1996 – Ohio State Bar Association/Ohio CLE Institute. “Commercial Real Estate Law – Commercial Real Estate Leases.”
  • November 3, 1995 – 17th Annual Cleveland Bar Association Real Estate Law Institute. “Zoning and Land Use Issues.”
  • October 4, 1991 – 13th Annual Cleveland Bar Association Real Estate Law Institute. “Insurance Coverage – A Case Study.”
  • October 5, 1990 – 12th Annual Cleveland Bar Association Real Estate Law Institute. “Wetlands/Shore Control/Submerged Lands Leases/Docks.”
  • October 7, 1988 – 10th Annual Cleveland Bar Association Real Estate Law Institute. “Insurance Provisions in Leases: Unraveling the Mysteries.”

Associations

  • Member, Board of Directors and Second Vice Chair, University Hospitals Geauga Medical Center (Member, May 2013 – present; Second Vice Chair, 2017 – present)
  • Member, Board of Directors, and Chair, The Music Settlement (2012 – present, Chair, 2017 – present)
  • Member and Chair, Real Property Law Section Council of the Ohio State Bar Association (Member, 2008- ; Chair, 2017- )
  • Member and Past Chair, Ohio State Bar Association Real Property Specialty Board (Member, 2007 -; Chair, 2009 – 2014)
  • Cleveland Metropolitan Bar Association (Real Estate Law Institute: 1990, 1995, 1996, Co-chair; Speaker: 1988, 1990, 1991, 1995, 1996, 1999-2017)
  • NAIOP (Member, 2004 – )
  • Leadership Cleveland, Class of 1992
  • Bainbridge Township Board of Zoning Appeals, Bainbridge Twp., Ohio (Past Member and Chair), 1984-94
  • Greater Cleveland Chapter of the Lupus Foundation of America, Trustee 1978-91; Secretary 1976-86
  • LeBlond Housing Corporation, Cleveland, Trustee 1990-96 (LIHTC sponsor)
  • Geauga County Mental Health and Recovery Services Board, Chardon, Ohio. Board of Directors, 1988-97; Vice Chairman, 1993-95; Chairman, 1995-97
  • Palliative Care Services, Cleveland Clinic Cancer Center. Member of Board of Advisors, 1989-91

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