Browns/Winslow Working On New Deal

[Mac]

Browns Giving Winslow Second Chance
By TOM WITHERS, AP Sports Writer
July 30, 2005

BEREA, Ohio (AP) -- As Kellen Winslow Jr. slowly heals from a serious motorcycle accident, the Cleveland Browns want to make sure their relationship with the injured tight end hasn't suffered permanent damage.

Earlier this month, the club declined to pay Winslow a $2 million roster bonus because he violated a "dangerous activities" clause in his contract when he wrecked his high-powered motorcycle on May 1 while practicing stunts in a parking lot.

Winslow, who played in just two games as a rookie before breaking his leg, could have been killed in the crash and sustained several injuries, including a torn knee ligament that required season-ending surgery.

But along with forgiving Winslow for his mistake, the Browns still believe he can be a Pro Bowl-caliber player and have generously offered him a chance to earn back the money they've withheld.

The club is offering to restructure Winslow's contract, allowing him to recoup some of his financial losses.

"We are currently discussing a structure that includes the ability where he can earn the lion's share of what he could have made," owner Randy Lerner said following Saturday's morning practice.

Lerner said the club has had "productive" meetings with Winslow, his family and agents Kevin and Carl Poston to resolve what has been a sensitive issue for the team.

Since the accident, some outraged Cleveland fans have wanted the Browns to cut Winslow for his irresponsibility while others think he should return all the money he has been paid since being taken with the sixth overall pick in the 2004 NFL draft.

The team's approach is somewhere in between.

"Kellen and his family have been very communicative and very direct and we are working through it," Lerner said. "We have had a lot of meetings and the goal is to try and avoid a situation that doesn't work out and doesn't give him an opportunity to make a difference for the team.

"We want to make sure we don't cause a problem and that they don't cause a problem and we're doing that in good faith."

Winslow, whose salary is just $350,000 this season, is due another $950,000 bonus on Dec. 15 and $2.4 million on July 15, 2006. The Browns have been assured that Winslow, who turned 22 on July 21 and is signed through 2009, will make a 100 percent recovery and be the impact player they envisioned when drafting him.

Lerner has deferred to first-year general manager Phil Savage in deciding on which route to take with Winslow.

Lerner realizes there was a danger of sending the wrong message if the Browns hadn't penalized Winslow for his careless act. If they had stood by and not invoked their protective clause, the Browns would appear to be giving in.

"You definitely take the teeth out of it (the clause) if you do nothing other than say come back and make the same amount of money," Lerner said. "But I don't think the new proposal does that. I think the new proposal defends the Browns and it's rights. But it also offers up the opportunity for the player. It is a restructured, fresh look at the new facts. It is not us laying down."

Last week, Winslow pleaded no contest to a misdemeanor charge of failure to control his vehicle. He was fined $150, court costs and got two points on his Ohio driver's license.

Following his accident, Winslow issued a halfhearted apology in which he said he was sorry to Browns fans and that is was "unwise to attempt to learn to ride a motorcycle without a professional instructor in a controlled environment."

Lerner said he wasn't bothered by Winslow's comments.

"I am a believer that Kellen is very well intentioned," Lerner said. "He's a hard worker. He's here every single day training and rehabbing. I therefore have chosen not to hang on to his every word or overinterpret what he might have said at a moment when he was shaken up and disappointed that he's not going to be able to play."

As they're being rebuilt for the third time since 1999, the Browns are attempting to bring in players of high character. Lerner was asked if he viewed Winslow's accident as a youthful mistake or a character flaw.

Lerner paused for 30 seconds before answering.

"I see it as a mistake," he said, "and it's a mistake that can be understood without getting into heavy character flaws."

http://sports.yahoo.com/nfl/news?slug=ap-browns-winslow&prov=ap&type=lgns

 

[cdt]

KW2 Close To New Contract

Updated: Aug. 1, 2005, 5:19 PM ET
Deal would give Winslow chance to recover money
Pasquarelli
By Len Pasquarelli
ESPN.com

BEREA, Ohio -- While there remain some details to be finalized, the Cleveland Browns are close to an agreement with tight end Kellen Winslow that will allow the club's 2004 first-round draft choice to recoup the bonus money that has been or will be withheld from him because of the season-ending knee injury sustained in a May 1 motorcycle accident.

The agreement, which one source termed "very close," would also extend Winslow's contract by one year.

The Browns have already withheld a $2 million payment that was due Winslow on July 15 as part of his original $6 million signing bonus. Neither will the club make a payment of $950,000, also part of the signing bonus, that is due by Dec. 15. And Cleveland will not pay $2.4 million due July 15, 2006 that was part of a $4.4 million option bonus.

Under the pending agreement, Winslow would have the ability to recover that money if he meets certain performance levels and also adheres to strict off-field conditions. Also of note is that, under the proposal currently under discussion by the two sides, the Browns will reserve the right to seek repayment of the bonus money Winslow has collected to this point if he breaches his contract in any way a second time.

"He doesn't get a 'mulligan' on the first breach of contract," said a source familiar with the negotiations. "[The team] can still come after that money. On the other hand, it offers him a chance to make back the bonus money he lost by breaching the contract the first time. It's very fair."

To date, Winslow has banked $5.05 million in bonuses: Separate payments of $2 million and $1.05 million that were part of his $6 million signing bonus, and of $2 million that was a part of his option bonus. ESPN.com reported in May that the Browns likely would attempt to recover about $3 million of that amount, but team officials ultimately decided against that.

The Browns essentially are treating the $5.05 million as a loan that will be forgiven if Winslow is productive on the field and experiences no further problems off it.

Clearly, the pending agreement represents a compromise, one that permits the Browns to send a message that they did not take lightly Winslow's blatant breach of contract by riding a motorcycle, but which also permits the talented tight end to still have a deal that is commensurate to his abilities if he recovers and is productive. The two sides have been discussing for weeks a way to find middle ground in resolving the obvious issues raised by the accident. Apparently, those negotiations have been amicable and a deal is close.

At least twice in Winslow's contract -- in the "optional extension agreement" and in the "signing, reporting and playing bonus addendum" -- there is specific language regarding the off-field activities in which the player is precluded from participating. The sections of both addendums are similar and refer to "hazardous activities" that "involve a significant risk of personal injury ... including, but not limited to skydiving, hang gliding, mountain climbing, auto racing, motorcycling, scuba diving and skiing."

The contract, executed on Aug. 11, 2004, also reads: "It is further understood and agreed that player's waiver of rights to certain unpaid amounts, and player's obligation to re-pay certain amounts of [these bonuses] are express provisions of this contract and, but for the provisions herein contained, club would not have executed this contract."

Winslow tore the anterior cruciate ligament of his right knee and also suffered internal injuries in the May 1 motorcycle accident. He underwent mid-June surgery to repair his knee and will miss the entire season.

The sixth player chosen overall in the '04 draft, Winslow appeared in just two games as a rookie. The former University of Miami star had five receptions for 50 yards before breaking his right leg while attempting to recover an onside kick late in a Sept. 19 game at Dallas.

Because of the two injuries he has suffered, Winslow has essentially lost about $10 million that he could have earned in incentives.

http://sports.espn.go.com/nfl/columns/story?columnist=pasquarelli_len&id=2121868

 

[FlyerTE]

shouldn't they be trying to get their first round pick in camp...this could wait!

 

[RichOne]

But along with forgiving Winslow for his mistake, the Browns still believe he can be a Pro Bowl-caliber player and have generously offered him a chance to earn back the money they've withheld

The whole wait till next year Cleveland mentality. The thing is when K2 steps on the field next year we will all but forgotten about the accident. We will be high fiving each other saying that we have a future hall of famer on our team. To be realistic though we will have a bumb who recovered from a broken leg, seperated shoulder, and torn acl. Has a long road ahead of him to canton but we will probaly be there hoping that he is on his way..

 

[cdt]

We are trying to get Braylon in camp they said they wanted a fair deal and they offered a little over midway between Smith and Caddilacs deal and they said no. A far deal would be right in the middle...it's all about the benjamins...can't beleive the Postons are getting a deal done before Lamont Smith though...Im surprised the Postons arent saying no way lerner give our guy the 40 mill and then he rehabs...my client will not rehab until he is paid.