01-19-82 CCM - Laserfiche WebLink

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CITY COUNCIL MEETING, JANUARY 19, 1982 -2- Cimarron Golf Course - Golf balls going onto private property around course - Mr. Taylor addressed the question of insurance coverage by Cimarron to cover damage to homes. Mr. Tayor - do have insurance - General Liability clause covers damage if the management is liable. Gave the back- ground of the course and its design. Been operating basically unchanged for 10 years. Procedure for damages in the past referred the damaged individual to the golf course's insurance company. Insurance companies say that the golfer, not the golf course, is the liable party and people who live around a course assume a greater degree of risk. Based on this position of the insurance company,-Ciffiarroh'-ncw advises a complainant to contact the golfer. Recognizes this is not always possible, but if,,the liable party is not found, Homeowners Insurance,covers damage from an errant golf ball. Recognizes many policies have $100 deductible, is a problem, not sure that this speaks to the liability question. --Eder - suggested Cimarron consider carrying additional coverage and pass the extra cost onto the golfers through the green fees. --Mottaz - this is a serious problem with golf courses - recommended looking into redesigning or relocating some of the holes. Believes, in this facility, first liability is to the people who rent space. --Taylor - emphasised the question of liability --Mottaz - creating, with the golf course, an attractive nuisance. Owner as well as the offender has a liability. --Taylor - as part of an over-all updating of recreational facilities Cimarron is having the original architect review and make--reiaommendations on the layout of the course for improving the safety and playing of the course. --Mottaz - would like Cimarron's insurance company verifying if this type of coverage is available--aad•if it can be passed_ , on through the -green fee%t --Taylor - happy to approach the insurance company. Feel doing a responsible job in running the golf course, have a good golf course and are taking as much responsibility in the case of claims as any other golf course. The precedent for liability has been set in court cases. --Eder - is there any signing that notifies players of their responsibilities. --Taylor - no signs to this effect; but this could be done. Signs posted stating no trespassing on private property. Public Comments: --Don Moe, 61 Cimarron - presented grievances from residents within the park, on noise and trespass problems, damages and losses. Believe the golf'course should be liable for any damage done to.•bomes along that property. People who live along the course pay premium rent. 75-80 homes affected - no one there to enforce rules. Recommended that before a CUP is issued to Cimarron Golf Course management ;show that they have procured some type of insurance that will protect the people who live around the course.