The relationship between Denver and Clayton Early Learning (previously known as The George W. Clayton Trust) is a long and complicated one going back many, many decades.

Most recently, in 2000 the two parties entered into an “Agency Agreement” that was intended to contain the entire agreement between them concerning Park Hill Golf Course (Para. 17).

In essence, what the Agreement does is establish Clayton as an “agent” of the City to hold title to the Golf Course “…for the benefit of the City and the general public.”  (Para. 4)   Based upon such consideration as the release by Denver of a conservation easement over the Golf Course and waiver of certain real property taxes, the promise between the parties is that the Golf Course will remain just that – a golf course – and as “open space.”  (Last Whereas Clause, and Para. 1(c), which explicitly says one of the purposes of the Agreement  is “...to ensure that the Golf Course is managed so that (i) the Golf Course Land is preserved as open space.“)

The term of the Agreement is to the year 2099 (Para. 16), but does provide for early termination by Clayton.  However, as part of that termination, Clayton is obligated to grant to Denver a conservation easement over the Golf Course “..that will ensure that the Golf Course Land is used only for the Golf Course and related activities” (last sentence of Para. 8).

In summary, pursuant to the Agency Agreement, Denver has considerable interest in Park Hill Golf Course that would prohibit Clayton from selling it for other uses without Denver’s approval.  And, according to its terms, any amendment or modification of the Agreement requires the approval of Denver City Council (Para. 24).