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Resolution of the Mayor and Council of Princeton Authorizing the Lease of Public Property by Submission of Sealed Bids for a Wireless Telecommunications Facility at the Princeton Public Library
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WHEREAS, pursuant to the provisions of the Local Lands and Buildings Law (N.J.S.A. 40A:12-14) (“LLBL”) a municipal corporation may lease to any private person real property owned by said municipal corporation which is not needed for a public use; and
WHEREAS, the LLBL requires that a lease by a municipal corporation to a private person, except for a lease to a private person for a public purpose, be made to the highest bidder by open public bidding at auction or by submission of sealed bids; and
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, the Engineering Department has determined that a portion of the Princeton Public Library Building’s rooftop and associated areas (the “Premises”) is suitable for the placement and operation of telecommunications antennas and associated equipment, and Princeton does not have a need for public use of the Premises.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Municipality of Princeton, County of Mercer, State of New Jersey, as follows:
1. 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.
2. 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.
3. The following minimum terms and conditions shall govern the Lease between Princeton and the successful bidder (also “Lessee”):
A. Princeton intends to award a non-exclusive Lease to a wireless telecommunications company for authority to use a portion of the Princeton Public Library Building rooftop and associated areas for the installation, operation and maintenance of wireless telecommunications antennas and associated cabinets and equipment (the “Facility”).
B. The Facility shall consist of such quantity of antennas and associated cabinets and equipment as described in the specifications included in the Bid Package, which shall be installed in accordance with the terms and conditions set forth herein and in the proposed Lease agreement included in the Bid Package.
C. As a facility to be installed on and at an existing municipal structure, pursuant to strict requirements under a Lease agreement being entered into by Princeton, formal site plan approval shall not be required. Nonetheless, all construction, engineering, site, and development plans shall be subject to the review and approval of the Princeton Engineer or Engineer’s designee (the “Princeton Engineer”).
D. The Lessee will be required to meet with the Princeton Engineer, a Princeton Public Library representative and such other municipal officials and as may be reasonably necessary to coordinate the work and operations under the Lease, including but not limited to at least one (1) pre-construction meeting.
E. Prior to beginning construction, the Lessee must coordinate with the Engineering Department and Princeton Public Library regarding the dates and times construction will take place, and how the Lessee will access the Premises while construction is taking place to ensure that municipal and library operations will not be hindered or otherwise negatively impacted by the successful bidder’s construction operations.
F. The Lessee shall commence construction within 90 days of execution of the Lease, and shall be completed within 120 days of commencement of construction. In the event the Lessee is delayed and cannot meet these time limits through no fault of its own, these time periods may be extended upon written request by Princeton.
G. Princeton shall grant to the Lessee a non-exclusive access easement for the duration of the lease term, upon and across the Princeton Public Library property for ingress and egress to the leased areas. The access for operation, repair, and maintenance shall be on a 24-hour a day, 365 days a year basis.
H. The Lessee will own the Facility and shall, at its sole cost and expense, be responsible for design, construction, financing, operation, and maintenance thereof for the duration of the lease term.
I. The Facility shall not adversely interfere with existing radio or telecommunications systems of Princeton, any municipal or library operations, or other occupants, tenants and licensees of the Property.
J. The Lessee shall be responsible, at its sole cost and expense, for obtaining all necessary permits, approvals and licenses from governmental authorities required for the construction and operation of the Facility, and shall comply with all applicable local, state and federal laws, regulations and requirements.
K. The successful bidder shall be responsible for bringing all necessary utilities to the Premises.
L. The Premises is being leased “as is” and Princeton makes no representation about the condition thereof or ability to obtain necessary governmental approvals. The square footage of the Premises, as described in the Bid Package, shall be an approximation.
M. The Lessee shall comply with the terms of the Bid Package and the Lease, including but not limited to requirements for insurance and bonding.
N. There shall be a minimum bid for annual rent of $42,500.00.
O. Commencing with year two (2) of the Lease, the annual rental amount shall
be increased by 3% of the base annual rental amount of the previous year.
P The Lease shall be for an initial term of five (5) years, and will automatically renew for up to four (4) successive periods of five (5) years each upon the same terms and conditions that were in effect before the end of the lease term, with the exception of the rental amount, which shall then increase at the rate of 5% annually after the first ten years of the lease.
Q. All bidders shall obtain copies of the Bid Package and Lease, and shall comply with all requirements set forth therein for bidding on the Lease, including but not limited to the submission of a certified check, cashier’s check, or bid bond in the amount of 10% of the annual rental bid amount, not to exceed $20,000.00, as bid security.
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.