Surety Bond Encyclopedia

Rental Car Concession and Lease Bond - Broward County, FL in Florida

Brief Summary

Rental car brands operating at Fort Lauderdale-Hollywood International Airport must post a security deposit with Broward County sized off their own Minimum Annual Guarantee and rent. A payment and performance bond satisfies it without locking up that cash or tying up a bank line with a letter of credit.

Broward County's Rental Car Concession Lease and Operating Agreement for Fort Lauderdale-Hollywood International Airport requires each concessionaire to post a security deposit equal to one-fourth of its first year Minimum Annual Guarantee plus three months of first year Facility Rent. The deposit may be cash, a letter of credit, or a payment and performance bond, and it must stay in force for the full term plus six months.

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How to Apply for a Rental Car Concession and Lease Bond:

  • Get the Agreement Year 1 Minimum Annual Guarantee and Facility Rent figures from your executed concession agreement.
  • Calculate the deposit: one-fourth of the Year 1 MAG plus three months of Year 1 Facility Rent.
  • Confirm the surety has a Broward County resident agent, five years of operation and an A rating from Best's.
  • Provide corporate financial statements for underwriting.
  • Deliver the payment and performance bond to the Broward County Aviation Department.
  • Keep the bond in force through the term plus six months and increase it if the County requests.

Detailed Information About the Florida Rental Car Concession and Lease Bond:

The amount is a formula, not a fixed figure

Most people looking for this bond expect a set dollar amount. There is none. Under Section 4.14 of the County's form Rental Car Concession Lease and Operating Agreement, the security deposit equals one-fourth of the concessionaire's Agreement Year 1 Minimum Annual Guarantee plus three months of Agreement Year 1 Facility Rent. Your bond amount therefore depends on the MAG your company bid and the rent on your space in the Joint-Use Facility. The County can also raise the required deposit on 14 days' notice.

Who posts it

Every rental car company that signs a concession agreement with Broward County, acting through its Aviation Department, to operate at FLL. The concessionaire chooses the form of security: cash, a letter of credit, or a payment and performance bond.

Surety qualifications that trip people up

The agreement does not accept just any surety. The bond must come from a company with a resident agent in Broward County, at least five years of continuous operation, and an A rating in the latest Best's Insurance Report. The bond must remain in force for the entire term and for six months after the agreement ends. Letting it lapse early is a problem under the agreement.

What the bond backs

The concessionaire pays the County the greater of 10 percent of monthly Gross Revenues or the monthly MAG installment, plus Facility Rent and other charges. The bond guarantees those payments and the rest of the agreement's obligations. After each year the MAG resets to the greater of 85 percent of the prior year's Privilege Fees or the prior MAG, so the County may ask for more security as revenue grows.

Current terms

These terms come from the form agreement the Board considered on November 13, 2018. Confirm the security language in your own executed agreement with the Broward County Aviation Department before the bond is issued.

Eligibility and Requirements for a Florida Rental Car Concession and Lease Bond:

  • Broward County named as obligee.
  • Payment and performance bond form, or cash or letter of credit as alternatives.
  • Surety with a resident agent in Broward County.
  • At least five years of continuous surety operation.
  • A rating in the latest Best's Insurance Report.
  • Coverage through the full ten year term plus six months.

Florida Rental Car Concession and Lease Bond FAQs:

How much is the bond?

It equals one-fourth of your first year Minimum Annual Guarantee plus three months of first year Facility Rent. Because the MAG is set in your own agreement, every concessionaire's amount is different.

Can we use a letter of credit instead?

Yes. The agreement accepts cash, a letter of credit or a payment and performance bond. A bond avoids tying up bank credit capacity.

How long must the bond stay in place?

For the full term of the agreement and six months after it ends. The form agreement runs ten years from the effective date.

Can the County raise the amount?

Yes. The County may increase the required security deposit on 14 days' notice.

Official and Additional Resources for the Florida Rental Car Concession and Lease Bond:

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