OLT Naturist Deed Restriction
Protecting Naturist Use of Valley View Hot Springs... Forever!

Dear Orient Land Trust & Valley View Hot Springs Supporters and Guests,

Below you will find a copy of the “Deed Restriction Providing for Naturist Use of Hot Springs in Perpetuity” (Deed Restriction).

This Deed Restriction was an integral part of Neil & Terry Seitz’s donation of Valley View Hot Springs to Orient Land Trust in December, 2009.

This Deed Restriction requires that Valley View Hot Springs be maintained and operated as a naturist hot springs forever. This Deed Restriction also prohibits, among other things, the Orient Land Trust Board of Directors from imposing any rule or policy that would limit naturist use of the hot springs and prohibits the requirement, at any time or place, of VVHS guests to wear clothing. This Deed Restriction shall not be interpreted as requiring nudity of individuals at VVHS.

This Deed Restriction provides for an enforcement mechanism by visitors to VVHS in the event that any future OLT Board of Directors would violate the Deed Restriction.

After reading the Deed Restriction, if you have any questions, please do not hesitate to ask the OLT staff.

Thank you, and we look forward to see you at Valley View Hot Springs!

EXHIBIT C

Deed Restriction Providing for
Naturist Use of Hot Springs Parcel in Perpetuity

A.  Introduction.  This deed is made and accepted by Orient Land Trust, also referred to herein as Grantee, on condition that the portion of the property described below (“Hot Springs Parcel” a.k.a Valley View Hot Springs) is restricted in perpetuity as set forth herein.

B.  Hot Springs Parcel Defined.  The Hot Springs Parcel is subject to this restriction and is described as:

TOWNSHIP 46 NORTH, RANGE 10 EAST, N.M.P.M., SAGUACHE COUNTY, COLORADO

Section 36:  North Half of the South Half (N½S½);

SAVING AND EXCEPTING THEREFROM a tract of land described as follows: Beginning at a point on the South boundary of the N½SE¼ of said Section 36 from whence the Southeast corner (Brass capped of Section 36) bears first South 88°24’11” East 2475.13 feet and thence South 00°53’39” West 1278.92 feet; thence proceeding around the parcel herein described North 02°07’48” East 469.64 feet; thence North 88°24’11” West 928.0 feet; thence South 02°07’48” West 469.64 feet to the South boundary of the N½SW¼ of said Section 36; thence South 88°24’11” East along said South boundary 928.00 feet to the point of beginning.

The total area of the Hot Springs Parcel described above is 147.95 acres, more or less.

C.  Purpose of Restriction.  It is agreed and acknowledged that the Restriction providing for naturist use of the Hot Springs Parcel in perpetuity is in keeping with the history of the Hot Springs Parcel, and is also in keeping with the Articles of Incorporation of the Grantee as filed with the Colorado Secretary of State on March 23, 2001 and the Amended and Restated Articles of Incorporation of the Grantee as filed March 21, 2003.  The Grantors, Neil F. Seitz and Teresa M. Seitz are placing the Restriction on the Hot Springs Parcel with the purpose of preserving the history, culture, and ambience created, cultivated, and nurtured by the visitors to Valley View Hot Springs and members of Grantee.  The custom of nude enjoyment of this hot springs is documented back to 1887 and was almost certainly practiced by Native Americans prior to European settlement. “Naturist Use” is defined for this restriction as allowing the practice of clothing optional communal nudity in a non-erotic setting, with a commitment to inclusiveness and diversity, and without discrimination based on race, age, gender, sexual orientation, religion, lifestyle or socio-economic background.  The purpose of preserving the naturist culture is to encourage body acceptance, self-respect, respect for others, and caring for the environment.  The Hot Springs Parcel provides a pristine, rustic and peaceful setting in which to enjoy the benefits of a naturist lifestyle including feelings of physical, spiritual, and psychological well-being, as well as a sense of freedom and relaxation.       

D.  Restriction.  The Hot Springs Parcel described above in paragraph B, is restricted such that it shall be maintained and operated as a naturist hot springs in perpetuity (Restriction). Specifically, any resolution, rule or policy, of any kind whatsoever, adopted, published or initiated by Grantee or agent of Grantee that a) seeks to limit the Naturist Use of the Hot Springs Parcel, b) otherwise seeks to limit, in any way, nudity on the Hot Springs Parcel, or c) seeks to require, at any time or place, the wearing of clothing by individuals on the Hot Springs Parcel shall be in violation of this Restriction. Additionally, it shall be a violation of the Restriction if Grantee or agent of Grantee fails to take action to advocate against any proposed local, Saguache County, Colorado State, or Federal law or regulation that would void the Restriction or the Naturist Use of the Hot Springs Parcel. However, this Restriction shall not be interpreted as requiring nudity of individuals on the Hot Springs Parcel.

E.   Protection of Naturist Use.  In the event that the provisions of this Restriction or the Naturist Use of the Hot Springs Parcel are proposed to become voided by a Saguache County, Colorado State, or Federal law or regulation, then Grantee shall use all practicable means to advocate against such law or regulation, but shall not cause serious financial harm to Grantee in doing so. However, the determination of the financial obligation to be committed for the protection of Naturist Use and specifically all amounts used to advocate against any such proposed law or regulation shall rest solely in the discretion of Grantee's Board of Directors, and shall not be subject to enforcement by any Petitioner as set forth below. Further, in the event of the adoption of any such law or regulation, Grantee, as determined by Grantee’s Board of Directors, shall take only the minimally required actions necessary to comply with any such law to preserve to the maximum extent possible the Naturist Use of the Hot Springs Parcel. Any such actions taken in good faith by Grantee under this subparagraph shall not be subject to enforcement by any Petitioner as set forth below.

F.  Affirmation of Restriction by Grantee.  In order to maintain the efficacy of the Restriction and to ensure that Grantors’ intent is met, Grantee's Board of Directors or governing body shall, once a year at its annual meeting, pass an affirmative resolution that acknowledges the Restriction and provisions contained in this Exhibit C.  Additionally, an explanation of this Restriction, its provisions and its enforcement shall be permanently posted in a prominent place at the Hot Springs Parcel visitor facilities to encourage the Grantee’s visitors and members to remain aware of their responsibility to enforce it.  The Grantee will continue to make naturist educational material available to all visitors.

G.  Enforcement of Restriction. 

1.         This Restriction shall be for the benefit of, and enforceable by, Grantors and the individual visitors to the Hot Springs Parcel, as defined below. Enforcement of this Restriction must be initiated by a petition signed by Grantors or not less than five (5) individuals or a combination thereof (“Petitioners”). Petitioners must be registered individuals, or individuals who can show proof of visitation, and who physically have visited the Hot Springs Parcel at least three (3) times within the one year preceding the date of the petition. The petition must include the names and addresses of the individuals seeking to enforce this Restriction and must provide a copy or adequate reference to the rule, regulation, or policy that allegedly violates the Restriction, or must otherwise describe the alleged act giving rise to the alleged violation of this Restriction. The petition must be served by certified mail to the official business address of Grantee, directed to the current Chair of the Board of Directors of Grantee.

2.         Thereafter, Grantee shall have 30 days to cure the alleged violation of the Restriction. If the alleged violation is not cured within this 30-day period following the date of receipt by Grantee, the Petitioners shall only then have the right to initiate legal action to enforce this Restriction in a court of law seeking declaratory or injunctive relief.

3.         In any legal action to enforce this Restriction, the Petitioners seeking enforcement shall not be entitled to monetary damages. However, if the Petitioners prevail in any such legal action to enforce the Restriction, the Petitioners shall be entitled to recover from Grantee their reasonable attorneys’ fees and court costs to be paid from the operating funds of Grantee.

H.  Binding Effect. This restriction shall be deemed a covenant running with the land in perpetuity and shall be binding on the Hot Springs Parcel herein described and shall be binding on Grantee, its successors and assigns. Grantors may assign their rights hereunder to their heirs.

I.  Non-Waiver. Any apparent or actual failure by Grantors or Grantee’s members or visitors to timely enforce the Restriction shall not a) constitute a waiver of Grantors’ or Grantee’s members’ or visitors’ rights to exercise their enforcement rights as set forth in paragraph F above, b) invalidate the Restriction, or c) be construed to weaken the Restriction and the provisions herein.

J.   No Other Rights or Remedies Created. No other rights or remedies are created or are implied by this Deed Restriction, and no other rights or remedies shall be inferred upon any party, including Grantee’s members and visitors and third parties, except as expressly set forth herein.