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MHR Broncos History Lesson -- The Pat Bowlen Saga


Welcome to another installment of Broncos History. This week we are going to tackle the headache that is Pat Bowlen's legal life over the past ten years.  I can safely say I am glad I am not a million/billionaire fighting in court against another millionaire.

 

 

 

 

 

 

Star-divide

Most of us can agree that Pat Bowlen has been one of the best owners in the National Football League.  We have been blessed as Bronco fans to have such an active, yet non-intrusive CEO.

However, we came real close to losing Mr. Bowlen in favor of the return of a former owner who nearly bankrupt the franchise in just two years of running the team.

To really understand what happened and why, we have to go all the way back to 1981. I was just learning to pee in the bowl at that point.  This was the year that a man named Edgar F. Kaiser, Jr. purchased the Denver Broncos for a paltry $30 million.  Amazingly, he only had to pay $8 million up front.  The rest was to be paid over time at 12% interest.  Unfortunately for Kaiser, the franchise posted a $1 million loss in his first season as an owner.  Then in 1982 came the NFL Players strike that seriously put Kaiser and the Broncos in financial peril.

Even after posting a $6 million profit in 1983 and also selling his Minority Interest in the team to Bob Adams, a long time friend of Dan Reeves, for another $10 million, the Broncos were nearing bankruptcy.  Enter Pat Bowlen, who was as desperate to own a professional franchise as Kaiser was to sell his own.  A determined Bowlen offered Kaiser an NFL record $51 million(which included assumption of $25 million in debt!) for Majority Interest in the team.  To top that off, Bob Adams then demanded to be bought out at the same share price which cost Bowlen an additional $20 million.

The amazing thing to me is that Kaiser was $25 million in debt even after posting a $6 million profit and selling $10 million for Minority Interest.  I wish I knew what the hell he was doing and how he ever became a millionaire in the first place(I checked the latter, he is a trust fund baby).

After paying the hefty sum of $71 million to become an owner in the NFL, Bowlen's family businesses began to falter somewhat in the late 80's.  This forced Bowlen to transfer ownership of the Broncos into various family owned corporations.  The list is too long to mention, but by 1998 this is how the Broncos corporate structure looked:

Photobucket

"(1)The Broncos franchise and assets related to the team were owned entirely by the Partnership; (2) The Majority Interest of the Partnership was owned by Texas Northern Products; (3) the Minority Interest in the Partnership, which was acquired from Bob Adams, was owned by P.D.B. Enterprises, which was owned entirely by Texas Northern; (4) Texas Northern was entirely owned by Hambledon Sports."Source

Prior to the 1998 season, Bowlen offered John Elway a deeply discounted deal to buy 20% of ownership of Texas Northern.  Elway never accepted the offer, but Edgar Kaiser filed suit over the proposed deal anyway.  The battle was on.

When Kaiser had sold the Broncos to Bowlen, he included a special clause called "right of first refusal" which gave Kaiser the right to repurchase any part of the Denver Broncos franchise that Bowlen offered to sell to a third party on the same terms.  In order to save us all from the legalise required to explain all this, it basically comes down to the fact that Kaiser wanted to purchase a Minority Interest of the Broncos for the exact price Bowlen had offered it to Elway.

It wasn't clear cut, however, as Bowlen had been transferring ownership of the Broncos between various corporations since he took over the team in 1983.  Any one of those previous moves could have been found in violation of the original special clause.

At stake in this court battle wasn't just the ownership of the Denver Broncos, but also a large percentage of the profits earned since Pat Bowlen purchased the team.  He stood to lose hundreds of millions of dollars if he lost his case against Kaiser.  How this man was able to continue running a successful franchise from 1998 to 2006 is beyond me!

Fortunately for us, the courts decided that Pat Bowlen had offered Elway shares in Texas Northern. The text of the original agreement specifically gave Kaiser a right of first refusal over only the Broncos franchise and the Majority Interest.  As stated earlier, Texas Northern owns the Minority Interest.  Bowlen won his case through(what I believe to be) blind chance.  Had he offered Elway a stake in any other portion of the team, we could very well have had a forced change in ownership.

In any event, we should count our lucky stars to still have the great owner we have.  I can't imagine having anyone else in charge of our franchise.  Especially after studying how "well" Kaiser ran this organization.   Heck, if Bowlen had lost and Kaiser took over back in 2006, we could be looking at financial insolvency right now!

 

This ones is for your MNBronco!

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Exactly right
Wow. Thanks for digging through that stuff Zappa.

Personally, I never realized how good the Broncos' fans have it with Bowlen until I moved to Minnesota. When I first got here in the early 90's, they were owned by a group of people. The only interest these guys had in winning was how much it would produce in the bottom line. I'd bet they even had a formula worked out targeting an ideal cost of winning vs. profit. As a result, mediocrity was the goal: win enough to keep people in the seats but don't spend what it takes to field a championship caliber team. It was disgusting to watch and in such contrast to Bowlen and his clear desire to win every year. In fact, when I moved here, the Vikes had been my distant 2nd favorite team and since, I've become more a fan of the Packers. When I read so many of the local (Denver) fans' criticisms of Bowlen, I have to shake my head. They have no clue what ownership troubles are like.

As an aside, however, I thought it was a great move to get rid of the full-length fur coats he used to wear on the sidelines. I remember him just getting ripped for those things. Anyone got any pictures of him in one?

Or so I'm told.

by MN Bronco on Mar 28, 2008 9:19 AM MDT reply actions   0 recs

There's your picture. lol
That is the one thing I love most about Bowlen, he hates to lose.  He would rather post a loss for a season and win the Super Bowl than post a huge profit and stink.
OOMPA LOOMPA DOOMPADEE DOO
OOMPA LOOMPA, DOOMPADAH DEE
It's JaMakus Fail, RRRRRUUUUNNNN!!!!!

by Tim Lynch on Mar 28, 2008 9:46 AM MDT up reply actions   0 recs

Thanks, zap
What a picture! Now I've gotta clean the coffee off my monitor.
Or so I'm told.

by MN Bronco on Mar 28, 2008 12:08 PM MDT up reply actions   0 recs

Excellent post
There's nothing I enjoy more than truly learning something about my Broncos.  I'm a Broncos history nutjob, and while I was pretty familiar with everything your history lessons had entailed before, I had never heard of all of this.

Great job and thanks for making my day!

-kmonty
-BroncoTalk.net

by kmonty on Mar 28, 2008 10:05 AM MDT reply actions   0 recs

Thank you.
You just made my day as well.  I still look forward to rehashing our old glory days of the 80's, but even those might enlighten some of our younger fans. ;)
OOMPA LOOMPA DOOMPADEE DOO
OOMPA LOOMPA, DOOMPADAH DEE
It's JaMakus Fail, RRRRRUUUUNNNN!!!!!

by Tim Lynch on Mar 28, 2008 10:31 AM MDT up reply actions   0 recs

I just re-read
I just re-read this sentence:

"I can safely say I am glad I am not a million/billionaire fighting in court against another millionaire."

and thought... hmm... I'd take the millions/billions to put up with that.  :)

-kmonty
-BroncoTalk.net

by kmonty on Mar 28, 2008 11:49 AM MDT reply actions   0 recs

Yea, except for one thing..
Pat Bowlen stood to lose more cash than he had.  That would be worse than my 36K salary.  Better to be somewhat poor than to owe some maniacal millionaire like Kaiser $100 million.  ;)
OOMPA LOOMPA DOOMPADEE DOO
OOMPA LOOMPA, DOOMPADAH DEE
It's JaMakus Fail, RRRRRUUUUNNNN!!!!!

by Tim Lynch on Mar 28, 2008 12:11 PM MDT up reply actions   0 recs

Awesome work Zappa!
Believe it or not I will be all ears when you finally end up winding down the post superbowl win years (in 5 years?  10?).

I took my first contract in the Bering Sea while the Broncos were killing the Jets in the playoffs on the way to their back-to-back SB win, and I didn't see another game for about four years.  I caught glimpses of scores on these ridiculous one page faxes we would get every few days, that had all the news that was fit to print, in the tiniest type you can imagine.  The sports section amounted to every relevant american sports score squished into a box the size of a credit card.  I knew what their record was but not how they got it or how it happened.

TD injured?  News to me.  McCaffrey retired?  I had no idea.  When I finally took a year off and watched a football season the Broncos really weren't very good, seemed heartless and clueless, and I had NO IDEA how they got to that state.  I'll be waiting patiently for your "Fall from Grace" article, when the time comes!

I wish my sig was as cool as mdierks!

by Jeremy Bolander on Mar 28, 2008 1:31 PM MDT reply actions   0 recs

I'll save a "fall from grace" article
for mid season, if Broncos start screwing up again...we'll all need a reminder of how bad things could be.  Steve Beuerlein anyone?  Yea, we'll save that topic for a "just in case" the "crap hits the fan" week.  ;)  If not, I'll post it anyway during the season to remind us all how great we are even though we stumbled a little back in 2001-03.  ;)
OOMPA LOOMPA DOOMPADEE DOO
OOMPA LOOMPA, DOOMPADAH DEE
It's JaMakus Fail, RRRRRUUUUNNNN!!!!!

by Tim Lynch on Mar 28, 2008 1:38 PM MDT up reply actions   0 recs

Blind chance or good planning?
First off, great article.  I knew the background but you filled in the details nicely.  I just wonder if Mr Bowlen didn't know what he was doing when he offered Elway the shares he did.  I would think he would be aware of the first refusal clause and made sure to structure his offer to Elway around it.

by MattR on Mar 28, 2008 8:00 PM MDT reply actions   0 recs

If he was aware, he would have
changed up his corporate structure in a way that would have completely separated the Minority Interest from the Majority Interest, thereby eliminating any chance for a dispute.  But because Bowlen lumped Texas Northern in with PDB Enterprises into one Partnership he set himself up for the lawsuit.

In all frankness, after reviewing the case itself...I don't think that Bowlen should have won his case.  That is why I call it blind luck, because in actuality he was offering Elway a stake in both the Majority Interest and the Minority Interest when he offered 20% of Texas Northern to him.  Therefore, Bowlen did violate his agreement with Kaiser...

OOMPA LOOMPA DOOMPADEE DOO
OOMPA LOOMPA, DOOMPADAH DEE
It's JaMarcus Russell, RRRRRUUUUNNNN!!!!!

by Tim Lynch on Mar 28, 2008 8:45 PM MDT up reply actions   0 recs

I was very worried at the time.
I don't remember the Court's reasoning but I do remember thinking Bowlen didn't have a prayer.  Somebody did some mighty fine lawyering there. In my opinion Kaiser may have been an owner but he was never a Bronco.  

by Trinidad Jack on Mar 29, 2008 4:19 PM MDT up reply actions   0 recs

Really interesting history
Very unusual to find this type of info, thanks for the good research.  BTW, no one should ever be surprised at the decisions that are made in the courts.  My expertise is in land use decisions, and there are many examples of extremely weak cases that are ruled in favor of.

  One example that might be of particular interest to Zappa would be the recent ruling in an East coast state, Connecticut (?), that allows takings of land by the government for the sole use of another private owner, in this case a large developer.  The justification was provided by an Economic Development Plan.  Sorry that I am a little rusty on the state and the other details, but I was deployed for a long time and am still readjusting.  

by Arctic Bronco on Mar 29, 2008 4:47 AM MDT reply actions   0 recs

I believe
you're thinking of Kelo v. City of New London (2005). New London is a city in Connecticut.
Purple Row - Covering all your Rockies needs!

by Russ on Mar 29, 2008 7:50 AM MDT up reply actions   0 recs

At the heart...
...of that terrible decision is the notion that the government has an interest that benefits the common good, but in this case the interest is that the common good being benefited is a private entity (taking over the property) who might pay higher taxes (ie take away peoples homes to build a mall).

I believe that this may be overturned if a challenge comes up, with key retirements on SCOTUS in the next few years.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Mar 29, 2008 1:41 PM MDT up reply actions   0 recs

The positive action that has come from that
atrocious decision is that many states have taken a new look at their stances on the criteria for takings and initiated legislation that provides more protection for the rights of private land owners.  

As a former municipal Planner I always put maximum energy into ensuring that public participation was maximized in all actions that involved public hearings, as a Broncos blogger I also encourage all of you to be proactively involved in your local government's land use decisions.  

It never continued to amaze that the political decision makers had minimal convictions and were willing to play to the crowd.  Unfortunately, the people who put the most effort into influencing the decision makers were developers and contractors who wanted sweetheart deals on use of municipal lands and utilities and lax interpretation of ordinances, thereby transferring most of their construction and operational costs to the taxpayers.

I realize that a discussion on takings is a bit off topic for a football blog, but what the heck, the reloading season continues to drag on and I don't think I will be able to watch "America's Next Top Model" today.

by Arctic Bronco on Mar 30, 2008 11:44 AM MDT up reply actions   0 recs

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