New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.18 - SADC grant agreement with county: General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to receive a grant for the purchase of a development easement as approved by the SADC pursuant to 2:76-6.1 1, the county board of chosen freeholders shall agree to enter into a grant agreement which shall incorporate the requirements of 2:76-6.1 8 through 6.18B.
(b) The county by entering into a grant agreement shall accept primary responsibility for the administration and success of the acquisition of the development easement on the properties designated in a Schedule A of the agreement.
(c) The county shall award contracts and subcontracts concerning the acquisition of development easements on properties designated in Schedule A of the agreement free from bribery, graft and other corrupt practices. The county shall bear the sole responsibility for the prevention, detection and cooperation in the prosecution of any such conduct. The county shall pursue available judicial and administrative remedies, and take appropriate remedial action with respect to any allegations or evidence of such illegality or corrupt practices. The county shall notify the SADC immediately after such allegation or evidence comes to its attention, and shall periodically advise the SADC of the status and ultimate disposal of any such matter.
(d) The county shall award all contracts in accordance with the Local Public Contracts Law, 40A:11-1 et seq., and the rules adopted pursuant thereto, N.J.A.C. 5:34.
(e) The county, its contractors and subcontractors shall comply with Title VI of the Civil Rights Act of 1964, as amended ( 42 U.S.C. 2000d-2000d-4 ), as well as the discrimination and affirmative action provisions of 10:2-1 through 10:2-4, the New Jersey Law against Discrimination, 10:5-1 et seq., and the rules and regulations promulgated pursuant thereto.
(f) The SADC, or its duly authorized representative(s), shall have access to all records, books, documents and papers pertaining to the agreement and/or the approved development easement purchase for audit, examination, excerpt and transcript purposes. Obtaining information shall be made practicable for the SADC.
(g) A development easement acquired by the County pursuant to 4:1C-11 et seq., shall not be sold, given, transferred or otherwise conveyed in any manner except in accordance with N.J.S.A. 4:1C-32a or unless specifically permitted by law.
(h) No public body shall exercise the power of eminent domain for the acquisition of land from which a development easement has been conveyed pursuant to 4:1C-24, nor shall any public body advance a grant, loan, interest subsidy or other funds with regard to land from which a development easement has been conveyed pursuant to 4:1C-24, for the construction of dwellings, commercial facilities, transportation facilities, or water or sewer facilities to serve nonfarm structures unless the Governor declares that the action is necessary for the public health, safety and welfare and that there is no immediately apparent feasible alternative. If the Governor so declares, the provisions of 4:1C-19 shall apply.
(i) The county shall assume all risk and responsibility for, and agree to indemnify, defend and save harmless the SADC, its agents, servants, officers or employees from and against any and all claims, demands, or lawsuits that may be made by third parties against the SADC, its agents, servants, officers or employees for damages of any kind or description arising from the acquisition of the development easement on account of or resulting from the acts or omissions of county, its employees, agents, contractors or subcontractors, including, but not limited to:
1. Any loss, damage or injury to, or death of, any person occurring at or about or resulting from any defect in the acquisition of the development easement;
2. Any damages or injury to persons or property or county, its contractors, subcontractors, officers, agents, servants or employees, or any other person who may be about the property caused by any act of negligence of any person (other than the SADC or its officers, agents, servants or employees); or
3. Any costs, expenses or damages incurred as a result of any lawsuit commenced because of action taken in good faith by the SADC in connection with the acquisition of the development easement.