OCCUPANCY AND ACCESS. No building permit for any lot shall be issued until the DEVELOPER has constructed a temporary access consisting of a bituminous surface base that is acceptable in design by the CITY and the conditions on Exhibit D have been followed. Three building permits for three buildings may be issued prior to roadway Class V gravel base and utilities being installed, as approved by the City's Building Official and Fire Marshal. Except for models, no temporary certificate of occupancy for any lot shall be issued until the DEVELOPER has constructed a temporary bituminous roadway that is acceptable in design by the CITY and water and sanitary sewer improvements are available for use. No certificate of occupancy for any lot within the FINAL PLAT shall be issued until all water and sanitary sewer improvements are available for use and the first lift of street pavement has been installed. Furthermore, the DEVELOPER is responsible for the construction and cost of constructing any necessary temporary bituminous roadway before the public roadway is constructed and shall maintain reasonable access to any occupied home or homes, including necessary street maintenance prior to permanent street improvements that are accepted by the CITY.
OCCUPANCY AND ACCESS. Except as set forth in Section 3.22(f) of the Seller Disclosure Schedule, (i) there are now in full force and effect duly issued certificates of occupancy (or the local equivalent) permitting the Covered Real Property, and the Improvements located thereon, to be legally used and occupied as the same are now constituted; (ii) all of the Covered Real Property has permanent rights of access to dedicated public roads, or permanent easement rights over private roads which have access to dedicated public roads; and (iii) to the Knowledge of Sellers, no fact or condition exists that would prohibit or adversely affect the ordinary rights of access to and from the Covered Real Property from and to the existing roads. There is no pending or, to the Knowledge of Sellers, threatened restriction or denial, governmental or otherwise, upon such ingress and egress. (g)
