title
Resolution of the Mayor and Council Rejecting Bid for the Lease Of Public Property for a Wireless Telecommunications Facility at the Princeton Public Library and Authorizing Revisions to Bidding Materials and Re-Advertising the Lease
end
body
WHEREAS, Princeton is the owner of real property situate in Princeton with the street address of 65 Witherspoon Street, Princeton, New Jersey 08542, known as the Princeton Public Library, and referred to as Block 27.02, Lot 77 on the Princeton Tax Map; and
WHEREAS, pursuant to a duly advertised notice to bidders authorized by Resolution 25-164, Princeton received one bid for the lease of public property for a wireless telecommunications facility at the Princeton Public Library from Cellco Partnership d/b/a Verizon Wireless; and
WHEREAS, the bid received took several exceptions to terms of the bidding materials and the lease which are considered material and hence nonwaivable, most notably an exception to the conditions precedent for commencement of construction of the telecommunications facility as originally required in Resolution 25-164; and
WHEREAS, Resolution 25-164 and Princeton’s bidding materials instructed bidders that conditional bids shall not be accepted, only immaterial informalities may be accepted and no material changes to the lease would be made after the bid opening; and
WHEREAS, at this time, the Engineering Department and Municipal Attorney’s Office recommend that the bid received be rejected as nonconforming to the bidding requirements; and
WHEREAS, the Engineering Department has confirmed that a portion of the Princeton Public Library Building’s rooftop and associated areas (the “Premises”) remains suitable for the placement and operation of telecommunications antennas and associated equipment, Princeton does not have a need for public use of the Premises, and to that end, it is in the public interest for Princeton to amend the bidding materials and solicit new bids for such a lease.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Municipality of Princeton, County of Mercer, State of New Jersey, as follows:
1. The bid received on July 8, 2025 from Cellco Partnership d/b/a Verizon Wireless is hereby rejected for the reasons set forth in the foregoing “Whereas Clauses.”
2. Pursuant to N.J.S.A. 40A:12-14(a), Princeton is hereby authorized and directed to solicit sealed bids for the Lease of the Premises, as identified above in the “Whereas” clauses, for purposes of designing, constructing and operating a wireless telecommunications facility on the Premises, at such time and place as may be deemed appropriate and necessary to effectuate the terms hereof.
3. Princeton shall cause said bidding to be duly advertised in accordance with the requirements of N.J.S.A. 40A:12-14, by causing the advertisement to be published in a newspaper circulating in Princeton by two (2) insertions at least once a week during two (2) consecutive weeks, the last publication to be not earlier than seven (7) days prior to the date of the bid opening. The advertisements and Bid Package shall be consistent with this Resolution. Said advertisement shall specify that Princeton reserves the right to reject all bids where the highest bid is not accepted.
4. The minimum terms and conditions as originally set forth in Resolution 25-164 adopted on April 28, 2025 shall govern the Lease between Princeton and the successful bidder, which are incorporated herein as if fully restated, except as follows:
a. Section 3F of Resolution 25-164’s conditions regarding the timing for commencement of construction of the telecommunications facility and completion shall be replaced with the following:
The Lessee shall commence construction within 90 days of the Lessee’s receipt of all government approvals necessary for the Lessee’s use, which shall include approvals from any Federal, State or Local authorities having jurisdiction over the Lease as well as satisfactory environmental investigation, title search, or any other due diligence that will permit the Lessee’s use under the Lease. Construction shall be completed within 120 days of commencement of construction, except that this time for completion shall be reasonably extended for good cause and/or if the Lessee is delayed for reasons beyond its reasonable control.
b. The Engineering Department shall consider the remaining exceptions taken in the bid submitted on July 8, 2025 for purposes of making additional reasonable revisions to the bidding materials.
5. Princeton reserves the right to accept the highest bid or reject all bids should the highest bid be rejected.
6. Acceptance of the highest bid or rejection of all bids will be made by the Princeton Council no later than at its second regular meeting following the completion of the bidding.
7. If Princeton fails to act within said time, all bids shall be deemed to have been rejected.
8. If the high bid is accepted, the successful bidder will be required to enter into a Lease consistent with the Bid Package and all other documentation required thereby.
9. The Mayor, Administrator, Clerk and other appropriate Princeton staff and officials are hereby authorized to undertake any and all acts and execute any and all documents as may be necessary and proper to effectuate the terms hereof.