EV Charging Station Agreement

EV CHARGING STATION AGREEMENT

Agreement Number: [________________________________]

Effective Date: [__/__/____]

TABLE OF CONTENTS

1. Parties
2. Recitals
3. Definitions
4. Grant of License and Site Access
5. Equipment and Installation
6. Term and Renewal
7. Compensation and Revenue Sharing
8. Electricity Supply and Metering
9. Operations and Maintenance
10. NEVI Compliance
11. Insurance and Indemnification
12. Termination and Removal
13. Representations and Warranties
14. General Provisions
15. Signatures

PARTIES

HOST SITE OWNER:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Phone: [________________________________] Email: [________________________________]

Property Type: ☐ Commercial ☐ Retail ☐ Multifamily Residential ☐ Municipal ☐ Other: [____]

EVSE PROVIDER (Charging Station Operator):

Company Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Phone: [________________________________] Email: [________________________________]

State Contractor License No.: [________________________________]

RECITALS

WHEREAS, Host Site Owner owns or controls the property located at [________________________________] ("Site"); and

WHEREAS, EVSE Provider is in the business of installing, owning, and operating electric vehicle supply equipment ("EVSE"); and

WHEREAS, the Parties desire to establish terms for the installation and operation of EV charging stations at the Site;

NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree as follows:

DEFINITIONS

• EVSE — Electric Vehicle Supply Equipment, including chargers, connectors, mounting hardware, signage, and related components.
• DCFC — Direct Current Fast Charger, capable of delivering ≥150 kW per 23 CFR § 680.106.
• Level 2 Charger — AC charger with J1772 connector delivering up to 19.2 kW.
• NEVI — National Electric Vehicle Infrastructure Formula Program under IIJA § 11401.
• Uptime — Percentage of time EVSE is operational and available for use.

GRANT OF LICENSE AND SITE ACCESS

4.1 Host Site Owner grants EVSE Provider a non-exclusive license to install, operate, maintain, and remove EVSE at the designated parking spaces identified in Exhibit A (Site Plan).

4.2 Number of Charging Stations: [____] DCFC units and [____] Level 2 units.

4.3 Number of Designated Parking Spaces: [____]

4.4 Host Site Owner shall provide unobstructed 24/7 access to the EVSE and designated parking spaces, unless otherwise agreed in writing.

EQUIPMENT AND INSTALLATION

5.1 EVSE Provider shall install equipment meeting the following specifications:

☐ CCS Type 1 connector (required for DCFC per 23 CFR § 680.106)
☐ CHAdeMO connector (optional)
☐ J1772 connector (required for Level 2 per 23 CFR § 680.106)
☐ NACS/Tesla connector (if applicable)

5.2 Installation shall comply with NEC Article 625, local building codes, and utility interconnection requirements.

5.3 Responsible Party for Installation Costs:

☐ EVSE Provider bears all costs
☐ Host Site Owner bears all costs
☐ Shared: EVSE Provider [___]% / Host Site Owner [___]%

5.4 Estimated installation completion date: [__/__/____]

TERM AND RENEWAL

6.1 Initial Term: [____] years, commencing on the Effective Date.

6.2 Renewal: ☐ Automatic renewal for successive [____]-year terms unless either Party provides [____] days' written notice of non-renewal.

COMPENSATION AND REVENUE SHARING

7.1 Revenue Model (select one):

☐ Site License Fee — EVSE Provider pays Host $[________] per month/year
☐ Revenue Share — Host receives [___]% of gross charging revenue
☐ Flat Fee — Host pays EVSE Provider $[________] per month for equipment/services
☐ Hybrid — Describe: [________________________________]

7.2 Payment shall be made ☐ monthly ☐ quarterly, due within [____] days of the period end.

7.3 EVSE Provider shall provide Host with monthly revenue reports including kWh dispensed, sessions completed, and gross revenue.

ELECTRICITY SUPPLY AND METERING

8.1 Electricity for EVSE shall be supplied via:

☐ Host Site Owner's existing electrical service (Host pays utility; reimbursed by Provider)
☐ Separate meter in EVSE Provider's name
☐ Utility direct-connect arrangement

8.2 Demand Charges: Responsibility for demand charges attributable to EVSE: ☐ EVSE Provider ☐ Host Site Owner ☐ Shared per Exhibit B.

OPERATIONS AND MAINTENANCE

9.1 EVSE Provider shall maintain all equipment in good working order and shall respond to service requests within [____] hours.

9.2 Minimum Uptime Requirement: [____]% annually (NEVI requires ≥97% per 23 CFR § 680.116).

9.3 EVSE Provider shall maintain a 24/7 customer support line accessible at each charging station.

NEVI COMPLIANCE

10.1 If NEVI-funded, EVSE shall comply with all requirements of 23 CFR Part 680, including:

☐ Minimum 150 kW continuous power delivery per DCFC port
☐ Open-access payment methods (contactless, no membership required)
☐ Real-time data reporting via OCPP or equivalent protocol
☐ Cybersecurity and data management plan
☐ Buy America requirements (23 CFR § 680.116)

INSURANCE AND INDEMNIFICATION

11.1 EVSE Provider shall maintain: Commercial General Liability of at least $[________]; Automobile Liability of at least $[________]; Workers' Compensation per statutory requirements.

11.2 Each Party shall indemnify, defend, and hold harmless the other Party from claims arising from its own negligence or willful misconduct.

TERMINATION AND REMOVAL

12.1 Either Party may terminate upon [____] days' written notice for material breach that remains uncured for [____] days after notice.

12.2 Upon termination, EVSE Provider shall remove all equipment within [____] days and restore the Site to its prior condition at EVSE Provider's expense.

REPRESENTATIONS AND WARRANTIES

13.1 Host Site Owner represents it has legal authority to grant the license herein and that the Site is free of encumbrances that would prevent installation.

13.2 EVSE Provider represents it holds all required licenses, permits, and insurance.

GENERAL PROVISIONS

14.1 Governing Law: This Agreement shall be governed by the laws of the State of [________________________________].

14.2 Dispute Resolution: ☐ Mediation ☐ Binding Arbitration ☐ Litigation in [________________________________] County.

14.3 Assignment: Neither Party may assign this Agreement without prior written consent.

14.4 Force Majeure: Neither Party shall be liable for delays caused by events beyond reasonable control.

14.5 Entire Agreement: This Agreement constitutes the entire understanding between the Parties.

SIGNATURES

HOST SITE OWNER:

Signature: [________________________________] Date: [__/__/____]

Printed Name: [________________________________] Title: [________________________________]

EVSE PROVIDER:

Signature: [________________________________] Date: [__/__/____]

Printed Name: [________________________________] Title: [________________________________]

EXHIBITS

• Exhibit A — Site Plan and Designated Parking Spaces
• Exhibit B — Electricity Cost Allocation Details
• Exhibit C — Equipment Specifications

Sources and References

• 23 CFR Part 680 — NEVI Standards and Requirements
• NEVI Formula Program — AFDC
• IRS EV Charging Credit — 30C