Oakley Municipal Code Art. 10 Miscellaneous

For purposes of this division, whenever reference is made to a number of days without qualification as to business or calendar days, such number of days shall be deemed to be calendar days

In the event the grantee’s performance of any of the terms, conditions or obligations required of it under this division or its license award resolution is prevented by any cause or event not within the grantee’s control, such inability to perform shall be excused and no penalties or sanctions of any nature shall be imposed upon the grantee as a result thereof. For purposes of this section, causes or events not within the control of the grantee include, without limitation, strikes, labor strife, sabotage, riots or civil disturbances, actions of any government agency or court, explosions, acts of public enemies, natural disasters such as floods, earthquakes, landslides and fires, power or communication failures, embargoes, quotas, rationing, material shortages, inability to secure materials, services or equipment from normal sources of supply following diligent and timely efforts to do so, and inability to secure approvals, consents or authorizations from any person upon such terms and conditions as are reasonably satisfactory to the grantee after diligent and timely efforts to do so. The period of the grantee’s performance shall be extended by the period of any such delay provided that the grantee gives the county written notice of such delay promptly following its knowledge thereof.

Except as otherwise provided in this article, any notice, approval, consent, waiver or other communication required or permitted to be given or to be served upon any person in connection with a license award resolution shall be in writing. Such notices shall be addressed to the party whom such notice is to be given as follows: if to the grantee, at the offices of the grantee within the county; if to the county, to the License Administrator. Such notice shall be deemed received upon receipt by the addressee or the date of first attempted delivery by the United States Postal Service, whichever is earlier. Either party may change the address to which notice is to be given by providing written notice to the other party.

All reports, filings, documents or responses required of the grantee under this Article or its license award resolution shall be provided by the grantee to the county within the period required therefor and shall contain the information specified, provided that the document or response is reasonably related to the obligations of the grantee under this article or its license award resolution.