DOC1757808714.pdf

Procure-to-Pay 3835 Holdrege Street | Lincoln, NE 68583-0742 | 402.472.2126 nebraska.edu/p2p

INTERNAL USE ONLY

CW37632

University of Nebraska Contract Summary

CONTRACTOR/COMPANY INFORMATION

Supplier Palm Farming Partnership Contact Owen and Bryan Palm Souring Agent Buffy Meyer

Email opalm@21stcenturyequip.com bkpalm@gmail.com

REQUESTING DEPARTMENT

Participating Campuses UNL Administrative Unit/Dept. PREEC Department Contact Hector Santiago Department Email hsantiago@unl.edu

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Contract Document Document Amt Total Amt Start Date End Date Notes

Monthly Rent

CW37632

3,000mnth / 36,000/yr

$108,000.00 (3yr)

Upon Execution 10/2026

Monthly Utilities $700.00mth / $8,400yr

$25,200.00 (3yr)

Property Tax TBD TBD

COMPETITION/BID INFORMATION

Bid Number Competition Contract Information

Agreement to lease the Panhandle Research, Extension, and Education Center Feedlot located at 40245 County Road 20, Mitchell, Nebraska 69357

12-month term, with an option to be renewed for two (2) additional 1-year terms

Revenue Generating Contract mailto:opalm@21stcenturyequip.com mailto:bkpalm@gmail.com mailto:hsantiago@unl.edu

University of Nebraska Feedlot Rental Agreement

This Feedlot Rental Agreement (this “Agreement”) is effective as of the date of the last signature set forth below (the “Effective Date”) between Palm Farming Partnership (“Tenant”) and the Board of Regents of the University of Nebraska, a public corporate body and governing body of the University of Nebraska for and on behalf of the University of Nebraska-Lincoln (“Landlord”).

NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement the parties agree as follows:

1. Property Description. Landlord does hereby rent to Tenant for agricultural purposes and to conduct Landlord’s business related thereto, and for no other purpose, approximately 38 acres as shown on Exhibit A, attached to and incorporated herein (the “Premises”), and the permitted concentrated animal feeding operation located on the Premises consisting of the items listed on Exhibit B, attached to and incorporated herein, but excluding the feed mill building (“Feed Mill”) as indicated on Exhibit B (the “Facilities”), upon the terms and conditions contained herein. The Premises and the Facilities may be referred to collectively herein as the “Property.” By taking possession of the Property, Tenant accepts the Property in its then “as is” condition.

2. Use. Tenant may use the Property for agricultural purposes and to conduct its agricultural business. Tenant shall use the Property in compliance with all applicable, federal, state, and local laws and regulations. Tenant shall operate the Property in a timely, efficient, and proper manner and Tenant shall use reasonable efforts to control soil erosion on the Property. Tenant shall (a) use reasonable precautions to minimize vehicle or cattle trails from wearing into the soil, other than as already designated for primary access; and (b) use reasonable precautions to protect the Facilities from damage by the Livestock or any other causes within the control of Tenant. All property of any kind and nature belonging to Tenant which may be in or about the Premises shall be at the risk and responsibility of Tenant and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. Tenant releases Landlord from all liability which may arise by reason of damage to property of Tenant or in the custody of Tenant in or about the Premises. Tenant shall not use any Landlord equipment located on the Property.

Tenant shall not do or permit anything to be done in or about the Premises that interferes with the use of adjacent property by Landlord or any other tenant of Landlord.

3. Term. The initial term of this Agreement (“Initial Term”) shall commence on the Effective

Date and shall terminate on the date that is 12 months after the Effective Date, or such earlier date as provided herein. This Agreement may be renewed for 2 additional 1-year term(s) upon completion of the Initial Term (each, a “Renewal Term”) by Tenant providing Landlord written notice of Tenant’s intent to renew at least 60 days prior to the end of the then-current term. Collectively the Initial Term and any Renewal Term(s) shall be referred to as the “Term.”

4. Rent. During the Term, Tenant shall pay to Landlord “Rent” in the amount of $3,000 per month. Each monthly installment of Rent shall be paid to Landlord at the following address on or before the Effective Date and on or before the first day of each calendar month during the Term:

University of Nebraska-Lincoln Attn: PREEC Feedlot Lease Panhandle Research, Extension, and Education Center 4502 Avenue I, Scottsbluff, NE 69361

5. Utilities. Tenant shall pay during the Term (prior to delinquency) a utility fee of $700 per month for all utilities serving the Property, including, but not limited to, charges for water, gas, sewer, and electricity. Landlord shall not be liable to Tenant for any failure or inability to provide electricity, gas, sewer, or water or other utility for the Property unless resulting from the negligence or willful misconduct of Landlord.

6. Livestock. Tenant may bring groups of up to 1,500 head of livestock owned by Tenant (the “Livestock”) onto the Property. Tenant shall ensure daily care, feeding, and handling of the Livestock in accordance with humane and performance-based standards.

7. Maintenance. Tenant shall, at no cost to Landlord, maintain and repair the Facilities in a neat and attractive manner and shall continue to keep the Facilities in as good of repair and condition as on the Effective Date, normal wear and tear excepted, until the end of the Term. Landlord shall not be responsible or liable to Tenant for any loss or damage resulting to Tenant or its property from bursting, stoppage or leaking water, gas, sewer, or steam pipes that was not caused directly by the acts or omissions of Landlord, or Landlord’s agents or employees. Tenant shall maintain all fixed capital on the Property, such as fences, structures, pumps, pens, drainage systems, and bunk lines, in good operational condition. Tenant shall prevent degradation of the Property, water sources, and nearby property through responsible nutrient and runoff management. Tenant shall maintain clean, safe, and functional conditions on the Property, including mowing around pens, managing weeds, and cleaning pens after use with the Livestock. Tenant shall perform a complete cleaning of the bunk, lot, fence, and manure storage areas annually. Tenant shall clean, backfill holes, and remove and pile manure from pens prior to bringing each Livestock group to the Property. Tenant shall clean and maintain the office space, bathroom, chutes, and alleyways. Tenant shall monitor and immediately report any system failure or environmental incident on the Property to Landlord.

8. Research. Landlord’s employees may, with Tenant’s prior written consent, conduct research on the Livestock located on the Property; provided, however, that such research shall not negatively affect the health, welfare, or performance of the Livestock or interfere with Tenant’s day-to-day operations on the Property. Such research shall be subject to the policies and standards of Landlord’s Institutional Animal Care and Use Committee. Tenant shall cooperate with the reasonable requests of Landlord concerning such research and shall coordinate such research with Landlord. All right, title, and interest to any intellectual property developed by Landlord while performing such research shall vest solely and exclusively in Landlord. The parties shall execute any and all assignments or other documents necessary to effect the foregoing. Landlord shall own all right, title, and interest in and to all data collected by Landlord while performing such research.

9. Manure. Tenant shall clean manure from the portion of the Facilities used for Livestock handling after each use and store manure in the storage location designated by Landlord. Landlord shall, on a regular basis, remove and dispose of manure from the location designated by Landlord.

10. Right of Entry; Inspections. Provided that Landlord does not materially interfere with Tenant’s access to or use of the Premises, upon 24 hours prior notice, Landlord, or any of its agents shall have the right to enter the Premises during all reasonable business hours to examine and inspect the same. Landlord may conduct quarterly inspections of the Property to include without limitation an assessment of condition, cleanliness, infrastructure integrity, and environmental compliance. Tenant shall correct any deficiencies identified in an inspection within 45 calendar days of written notice from Landlord.

Provided that Landlord does not materially interfere with Tenant’s access to or use of the Premises, Landlord, or any of its agents shall have the right to enter the Premises at any time without notice to use the Feed Mill or to conduct research in accordance with section 8. When accessing the Premises, Landlord shall use its best efforts to minimize disturbances to the Livestock on the Premises and secure any gates to prevent the Livestock from leaving the Premises.

11. Licenses and Certifications. Tenant shall obtain Nebraska Beef Quality Assurance certification within the first 6 months of the Effective Date. Tenant shall be solely responsible for securing and maintaining any permits or approvals necessary for Tenant’s activities on the Property. Tenant shall cooperate with Landlord and provide documentation when requested by Landlord as necessary for Landlord to secure or maintain any permit or approval with respect to the Property.

12. Water. Landlord shall be responsible for providing the water source for the Premises.

Tenant shall be responsible for all maintenance associated with said water source, including without limitation water tank maintenance, cleaning, and upkeep. Tenant shall have the right to use the water source on the Premises for watering the Livestock at no additional cost to Tenant. Tenant shall ensure all water and waste systems are used in a responsible manner. Tenant shall ensure appropriate levels of overflow from water tanks into the lagoons, especially in winter. Tenant shall cooperate with Landlord to limit excessive overflow and plan pumping to cropland if needed.

13. Access. Tenant, its agents, employees, and contractors shall have full access to the

Property throughout the Term.

14. Improvements. Tenant shall not make any alteration, addition, or improvement to the

Property or to any improvement thereon, excepting the repairs required to be made by Tenant herein, without the prior written consent of Landlord. All permanent alterations or improvements shall remain upon and be surrendered with the Property at the termination of this Agreement.

15. Waste. Tenant will not commit waste on or do damage to the Property and will use care to prevent others from doing so.

16. No Assignment. Tenant shall not sublet or assign the whole or any part of the Property or transfer this Agreement by operation of law or otherwise without the written consent of Landlord, which may be withheld in Landlord’s sole discretion.

17. Environmental Compliance. Tenant shall conduct all operations on the Property in a manner consistent with all applicable local, state, and federal environmental codes, regulations, and statutes and shall bear sole responsibility for any violations thereof. Tenant shall not accumulate old unused equipment, junk, or debris, or dump waste anywhere on the Premises and shall use reasonable efforts to prevent others from so doing. In no event shall Tenant be responsible for equipment, junk, debris, or waste on the Premises as of the Effective Date or brought upon the Premises by Landlord.

Tenant shall dispose of waste, excluding manure, in a manner as approved by all federal and state environmental agencies and regulations. Tenant hereby indemnifies Landlord from any loss, liability, claim, or expense, including, without limitation, cleanup, engineering and attorneys fees and expenses that Landlord may incur by reason of the use, generation or disposal by Tenant of any toxic or hazardous waste or substances on or about the Premises, or by reason of any investigation or claims of any governmental agency in connection therewith. Landlord shall be responsible for the presence of any toxic or hazardous waste or substances on or about the Premises not brought upon the Premises by Tenant.

The indemnities herein shall survive the Term.

18. Representations and Warranties.

a. Tenant hereby represents and warrants that:

i. Tenant is the sole owner of the Livestock;

ii. To the best of Tenant’s knowledge, the Livestock are not infected with any common infectious diseases affecting cattle including without limitation bovine viral leukosis (BLV), persistently infected bovine viral diarrhea (PI-BVD), anaplasmosis, or bovine respiratory disease (BRD), and are in general good health and mobile; and

iii. The Livestock have been dehorned and any dehorning wounds on the

Livestock have healed.

b. Tenant certifies that it is duly authorized to enter into this Agreement and that in doing so, Tenant is not in breach of any agreement or obligation to a third party.

c. Tenant agrees to hold Landlord harmless from any loss, damage, or expense, including court costs and reasonable attorneys’ fees, that Landlord may suffer as a result of a breach or alleged breach of the foregoing warranties. The foregoing remedies are in addition to all other remedies Landlord may have at law or in equity.

19. Liabilities. Each party agrees that the other party shall in no way be responsible for the debts of, or liabilities for accidents or damages caused by the other party.

20. Insurance. Tenant shall at its own expense obtain and maintain throughout the Term of this Agreement (a) general commercial liability insurance against claims for bodily injury, death, and property damage with limits of not less than one million dollars ($1,000,000.00) per occurrence, and three million dollars ($3,000,000.00) general aggregate (b) and insurance that covers losses related to cattle and personal property of Tenant located on the Property. Upon request by Landlord, Tenant shall furnish to Landlord certificates of insurance evidencing that such insurance is effective prior to the Consignment Term. By requiring such minimum insurance, Landlord shall not be deemed or construed to have assessed the risk or limited the liability that may be applicable to Tenant under this Agreement. Tenant shall assess its own risks and, if it deems appropriate, maintain higher limits or broader coverages.

Tenant shall include Landlord as an additional insured on its general liability insurance policy on a primary and non-contributory basis. Tenant is not relieved of any liability or other obligations assumed or pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

21. Indemnification. Tenant shall indemnify, defend and hold Landlord harmless from any and all claims and liabilities of any kind that might arise because of the presence or activity of Tenant on the Premises or associated with Tenant’s use of the Property. Tenant releases all claims against, and holds Landlord harmless, for injuries or damages to persons or property sustained by Tenant or any other person in or about the Premises which may arise, directly or indirectly, by reason of any existing or future condition in or about the Premises or by reason of the operation or malfunction of the Facilities or any equipment in or about the Premises, except to the extent said injuries or damage are caused by the active and actionable negligence of Landlord.

22. Surrender Possession. At the termination of this Agreement, Tenant shall surrender peaceable possession of the Property without further demand or notice from Landlord. If Tenant shall vacate or abandon the Premises and leave any personal property on or about the Premises, such property shall be deemed abandoned by Tenant and shall become the property of Landlord and Landlord shall have the right, without notice, to store or dispose of such abandoned property. Upon termination of this Lease, at Landlord's option, Tenant will, at Tenant's expense, repair and restore the Property to its former condition, including removal of any improvements, additions, or alterations installed or made by Tenant under this section.

23. Default. In the event Tenant is in default of any material provision of this Agreement, Landlord shall provide written notice to Tenant of such default and Tenant shall have 30 days after receipt of such notice to cure such default (provided, however, in the event such cure takes longer than 30 days, Tenant shall have such amount of time necessary to cure the default, provided Tenant commences the cure within such 30 day period and diligently pursues such cure to completion). In the event Tenant fails to cure such default within the applicable cure period, Tenant shall forfeit all rights to further occupancy of the Property and Landlord shall be entitled to immediately reenter the Premises without the necessity of legal process for recovery of the Premises. In the event of any breach of any covenant or agreement prescribed in this Agreement, or arising by operation of law, both parties shall be entitled to maintain an action in equity or at law for the appropriate remedy, or, at the option of the non-defaulting party, the non-defaulting party may declare this Agreement terminated without waiver of any rights or remedies the non-defaulting party otherwise has as a result of this Agreement.

24. Real Property Taxes. During the Term, Tenant shall be responsible for and shall pay to

Landlord before delinquency an amount sufficient to pay all municipal, county, or state real estate and ad valorem taxes and/or assessments assessed against the Property during the Term. Landlord shall remit payment of such real property taxes for the Property when due and payable.

25. Mineral Rights. All oil, gas, and mineral rights including sand and gravel are exclusively reserved to Landlord.

26. No Partnership Created. This Agreement shall not be deemed to give rise to a partnership relation, and neither party shall have authority to obligate the other without written consent.

27. No Oral Modifications. This Agreement embodies and includes all the terms and conditions of the agreement between the parties, and no statements, representations, promises, agreements, or conditions of any character shall be binding upon either party hereto unless embodied in this written Agreement. No part of any additions or exceptions to this Agreement shall be binding upon the parties unless the same shall be reduced to writing and signed by both parties. No conversations which the parties might have had with reference to extending this Agreement, or making another Agreement for a new term, shall be considered a contract until the same shall be reduced to writing and signed by the parties hereto.

28. Waiver. A waiver of any term or provision of this Agreement by Landlord shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision contained in this Agreement. Any such waiver must be in writing to be effective, and no such waiver or waivers shall serve to establish a course of performance between the parties contradictory to the terms hereof.

29. Public Records. Under Neb. Rev. Stat. §§ 84-712 to 84-712.09, information or records of or belonging to Landlord regarding, related to, and part of this Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with Landlord’s interpretation and application of applicable law. It shall be the sole responsibility of Tenant (a) to notify Landlord of requested redactions to any such information or records that may otherwise be required to be open to public inspection and copying and (b) to indicate the legal basis for such requested redactions. In addition, Tenant shall defend any challenge to such requested redactions at its own expense. Tenant’s failure to request redactions to any information or records released by Landlord under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.

30. Governing Law and Forum. This Agreement shall be governed by the laws of the State of Nebraska without giving effect to its conflicts of law provisions. Any legal actions brought by either party hereunder shall be in the state courts located in Lancaster County, Nebraska. It is understood and agreed that any legal action by Tenant in relation to the Agreement may only be instituted in accordance with the provisions of the Nebraska State Contract Claims Act (Neb. Rev. Stat. §§ 81-8,302 to 81-8,306).

31. Binding. The terms and conditions herein contained shall extend to and be binding upon the successors, assigns, heirs, and personal representatives of the parties. Time is of the essence with respect to each and every element of this Agreement.

32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes.

33. No Personal Liability. Tenant specifically understands and agrees that in no event shall any regent, official, officer, employee, agent, or student of Landlord be personally liable or responsible for any representation, statement, covenant, warranty or obligation contained in, or made in connection with, this Agreement, express or implied.

34. Notices. Any notice required or permitted to be given under this Agreement shall be in writing, sent via certified mail or hand delivery, effective when received, and delivered to the addresses provided on the signature page of this Agreement.

35. Electronic Signatures. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

36. Force Majeure. Neither party shall be deemed to be in breach of this Agreement or liable for damages if its performance of any obligation under this Agreement (except the payment of money) is prevented or delayed by causes beyond its reasonable control, such as acts or omissions of communications carriers, energy shortages or outages, strikes or labor disputes, fires, floods, inclement weather, epidemics, pandemics, acts of God, war, terrorism, civil disturbances or acts of civil or military authorities.

37. Severability. The terms of the Agreement are severable. If any term or provision is declared by a court of competent jurisdiction to be illegal, void, or unenforceable the remainder of the provisions shall continue to be valid and enforceable.

38. Logos or Landlord Marks. Tenant shall not use or display any Landlord campus name, logo, trademark, service mark (individually a “Mark” and collectively the “Marks”) and/or other indicia designated by Landlord as a source identifier, unless expressly authorized in writing by Landlord. Any unauthorized use of Landlord Marks is expressly prohibited. Tenant agrees it will not use Landlord’s name in any manner that acts as an endorsement or is an appearance of any endorsement in any promotion, advertisement, solicitation, or other communication, especially as it relates to Tenant’s business.

39. Conflict of Interest. Tenant shall certify, to the best of its knowledge and belief, that there are no potential organizational conflicts of interest related to the Agreement or provide to Landlord a disclosure statement that describes all relevant information concerning any potential conflict of interest under the Agreement. In the event the potential conflict of interest cannot be resolved, Landlord may declare the Agreement void and of no further force or effect and Landlord shall have no further obligations under the Agreement.

40. Compliance. Tenant and its employees and agents will comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority, as well as applicable Landlord policies.

41. Survival. Provisions surviving termination or expiration of this Agreement are those which on their face affect rights and obligations after termination or expiration and also include provisions concerning indemnification, confidentiality, and governing law and venue.

42. Incorporation and Priority of Documents. Any document that is ancillary to this

Agreement (including without limitation any solicitation, purchase order, addendum, exhibit, appendix, bid, proposal, quotation, or statement of work) (“Ancillary Document”) constitutes part of this Agreement if: (a) attached to the Agreement at execution thereof or (b) signed by an authorized signatory from each party at or subsequent to execution of this Agreement. Notwithstanding any provision to the contrary in any of the following documents, precedence is established by the order of the following documents: (1) duly executed amendments to this Agreement (to the extent not superseded by a subsequent amendment);

(2) this Agreement and any Ancillary Document originating with Landlord and incorporated by reference into this Agreement; and (3) any Ancillary Document not originating with Landlord and incorporated by reference into this Agreement. In the event of conflicting or inconsistent provisions between any of the foregoing documents, a document identified with a lower numerical value in this section shall supersede a document identified with a higher numerical value in this section to the extent necessary to resolve any such conflict or inconsistency. In the event an issue is addressed in one of the foregoing documents but is not addressed in another of such documents, no conflict or inconsistency shall be deemed to occur.

Where terms and conditions specified in the Tenant’s bid, proposal, or quotation differ from the terms and conditions in Landlord’s solicitation, the terms and conditions in the solicitation shall apply. Where terms and conditions specified in the Tenant’s bid, proposal, or quotation supplement the terms and conditions in Landlord’s solicitation, the supplemental terms and conditions shall apply only if specifically accepted by Landlord in writing.

[Signature page to follow]

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date set forth below.

Board of Regents of the University of Nebraska

Signature:

Printed Name:

Date:

Title:

Palm Farming Partnership

Signature:

Printed Name:

Date:

Title:

Notices to Landlord shall be sent to:

University of Nebraska-Lincoln Attn: Dr. John Westra, Director Panhandle Research, Extension, and Education Center 4502 Avenue I, Scottsbluff, NE 69361 john.westra@unl.edu

Notices to Tenant shall be sent to:

Palm Farming Partnership Attn: Owen Palm and Bryan Palm 220911 East 42nd Street Scottsbluff, NE 69361 opalm@21stcenturyequip.com bkpalm@gmail.com

10/14/25 | 05:55 PDT

Bryan Palm

Partner

Owen Palm

10/14/25 | 05:51 PDT

CEOAssociate Vice Chancellor & Controller

10/14/25 | 08:25 CDT

Lacey Rohe mailto:john.westra@unl.edu mailto:opalm@21stcenturyequip.com mailto:bkpalm@gmail.com

EXHIBIT A

EXHIBIT B

Facilities Description

The Facilities consist of a concentrated animal feeding operation permitted for 1,500 head of cattle, with a total of 102 pens with 2,190 feet of bunk space; two holding ponds; irrigation and pumping infrastructure;

bunker silos, an office building with administrative space; and cattle handling facilities with a covered working facility, silencer, and hydraulic chute:

1. 102 pens with metal gates and access to continuous water flow

a. 60 pens: 25’ x 150’; with 20’ of bunk line each

b. 18 pens: 25’ x 125; with 25’ of bunk line each

c. 12 pens: 25’ x 150’ with 25’ of bunk line each

d. 12 pens 20’ x 140’; with 20’ of bunk line each

e. 10 metal sorting and/or holding pens set in concrete

2. Two holding ponds with the following dimensions:

a. Drainage area #1: 7.1 acres

b. Drainage area #2: 12.7 acres

3. Irrigation and pumping infrastructure

a. One main irrigation pump

b. One west lateral pump

c. One east lateral pump

SEE EXHIBIT B MAP NEXT PAGE

EXHIBIT B MAP

University of Nebraska

Statement of Work

Doc1698296343 – PREEC Feedlot Lease

September 23, 2025

1. BACKGROUND

The Panhandle Research and Extension Center (PREEC) feedlot facility has served as a key site for beef feedlot research, education, and outreach in western Nebraska. The facility is ideally located for research pertaining to feedlot operations in the region’s high elevation, and drier climates. This well-established research feedlot presents a leasing opportunity in an environment known for its high-quality beef production, distinct farming practices, and climate conditions.

2. OVERVIEW

This Scope of Work outlines the responsibilities, requirements and expectations for the lessee in the operation and maintenance of the University of Nebraska – Lincoln owned

Concentrated Animal Feeding Operation (CAFO) permitted feedlot facility at the Panhandle

Research, Extension, and Education Center (PREEC). The lease is for use of the private use of the facility with the expectation that the lessee will support reasonable research and extension activities that promote responsible stewardship of cattle, land, and water resources in the Nebraska Panhandle.

3. FACILITY DESCRIPTION – see Exhibit A & B Maps in the Feedlot Rental

Agreement posted in the RFP

3.1 A fully permitted Concentrated Animal Feeding Operation (CAFO) for 1,500 head of cattle, with a total of 102 pens with 2,190 feet of bunk space.

(a) 102 pens as follows

(i) 60 pens: 25’ x 150’; with 20’ of bunk line each

(ii) 18 pens: 25’ x 125; with 25’ of bunk line each

(iii) 12 pens: 25’ x 150’ with 25’ of bunk line each

(iv) 12 pens 20’ x 140’; with 20’ of bunk line each

(b) Two holding ponds with the following dimensions

(i) Drainage area #1: 7.1 acres

(ii) Drainage area #2: 12.7 acres

(c) Irrigation and pumping infrastructure

(i) One main irrigation pump

(ii) One West Lateral pump

(iii) One East Lateral pump

(d) Additional infrastructures:

(i) Bunker Silos

(ii) Office building with administrative space

(iii) Cattle handling facilities, including a covered working facility with a silencer and hydraulic chute.

3.2 The cattle working facilities are in overall average condition, including 10 metal sorting and/or holding pens set in concrete. The majority of pens, however, are set on dirt.

Pens have metal gates and have access to continuous flow waters.

3.3 The property includes a feed mill; however, the Lessee shall have no right to access, use, or operate the feed mill under this agreement for any purpose during the term of this lease. The University may consider leasing equipment on a separate agreement.

4. LESSEE RESPONSIBILITIES

4.1 Lessee shall operate the feedlot in compliance with all applicable, federal, state and local CAFO regulations.

4.2 Lessee shall ensure daily care, feeding and handling of livestock in accordance with humane and performance-based standards.

4.3 Lessee shall maintain all structures, pumps, pens, drainage systems, and bunk lines in good operational condition.

4.4 Lessee shall prevent degradation of the land, water sources, and nearby property through responsible nutrient and runoff management.

4.5 Lessee shall maintain clean, safe, and functional conditions on the premises at all times, including mowing around pens, managing weeds, and cleaning pens after cattle use.

4.6 Lessee shall not sub-lease any portion of the premises or feedlot.

4.7 Lessee shall be a good steward of university owned land and infrastructure.

4.8 Lessee shall monitor and report any system failure or environmental incidents immediately to the University’s dedicated liaison.

4.9 Lessee shall ensure all water and waste systems are used in a responsible manner.

4.10 Lessee shall perform a complete cleaning of bunk, lot, fence and manure storage areas annually.

4.11 Lessee shall clean, backfill holes, remove and pile manure from pens prior to each new group of animals coming to the feedlot.

4.12 Lessee shall obtain Nebraska Beef Quality Assurance (BQA) Certification within the first 6 months of operating the feedlot.

4.13 Lessee shall comply with the Nebraska Department of Environmental Quality (NDEQ) regulations and provide the proper documentation when requested by the University administration to comply with Animal Feeding Operations and Inspections.

4.14 Lessee is responsible for water tank maintenance, cleaning, and upkeep. To ensure appropriate levels of overflow from water tanks into the lagoons, especially in winter, the Lessee will work with the UNL farm manager to limit excessive overflow and plan pumping to cropland if needed.

4.15 Lessee is responsible for cleaning manure from cattle working facilities after each use.

Lessee is also responsible for cleaning and maintaining office space, bathroom, chute, and alleyways outside of normal wear.

4.16 Lessee is responsible for repair of damage to facilities as a result of neglect or accident outside of normal wear.

4.17 The Lessee shall be amicable to university personnel to conduct on-site research activities, provided that such activities do not negatively affect the health, welfare, or performance of the cattle.

4.18 During the Term, Tenant shall be responsible for and shall pay to Landlord before delinquency an amount sufficient to pay all municipal, county, or state real estate and ad valorem taxes and/or assessments assessed against the Property during the Term.

Landlord shall remit payment of such real property taxes for the Property when due and payable.

4.19 The Lessee shall have a dedicated research Point of Contact (POC) to coordinate research with the University.

4.20 Lessee shall pay during the Term (prior to delinquency) a utility fee of $700 per month for all utilities serving the Property, including, but not limited to, charges for water, gas, sewer, and electricity.

4.21 The site currently has a 350-gallon diesel storage tank available to the Lessee. If the

Lessee elects to install additional gas or diesel storage tanks, they shall be solely responsible for obtaining all necessary permits and approvals, as well as for all associated fees. The Lessee shall also bear full responsibility for the construction, including site preparation, installation, and any related work. Additionally, the Lessee shall be responsible for the removal of any storage tanks installed during the lease term upon termination of the lease. This includes obtaining all necessary permits and approvals and covering all associated fees. The Lessee shall bear full responsibility for all activities related to removal, including site restoration and any required construction work.

5. UNIVERSITY RESPONSIBILITIES

5.1 If research is conducted at the feedlot by university personnel, the project will be subject to the Institutional Animal Care and Use Committee (IACUC) policies and standards.

5.2 The University shall have a dedicated POC research liaison to coordinate research with the Lessee.

5.3 The PREEC will allow no more than the permitted 1,500 head of cattle on the facility.

5.4 Manure generated by the feedlot operation will be disposed by the University spreading it to university farm ground.

5.5 The University reserves the right to consider bidder’s residence and/or farm operation proximity to the land parcels described herein as part of the bid evaluation.

5.6 At the present time, the parcels are not listed for sale nor are there any pending purchase agreements or liens.

5.7 The University to ensure the scales are certified throughout the term of the lease.

5.8 The PREEC Farm Manager will be available to ensure proper management and other aspects of the feedlot.

5.9 The University shall remove all rolling stock, tools, and miscellaneous equipment not included in the lease prior to Lessee taking possession of the property.

5.10 The University will ensure all outdoor overhead lighting is functional prior to the Lessee taking possession of the property.

6. INSPECTIONS AND MONITORING

6.1 Quarterly inspections will be conducted by the Landlord.

6.2 A standardized checklist will be used to assess equipment condition, cleanliness, infrastructure integrity, and environmental compliance.

6.3 Lessee must complete corrective actions identified during inspections within 45 calendar days of notice.

7. PRE-BID AND SITE VISIT – FOR FULL DETAILS, REFER TO THE THE SCHEULE OF EVENTS

POSTED IN THE RFP

7.1 A non-mandatory pre-bid site visit will be held on the date specified in the Schedule of Events to allow prospective lessees to view the premises and ask questions

7.2 The University recommends and encourages that all Bidders attend a pre-bid and site visit prior to submitting their proposal.

7.3 Date: specified in the Schedule of Events

7.4 Time: specified in the Schedule of Events

7.5 Location: University of Nebraska-Lincoln

Panhandle Research, Extension and Education Center Feedlot

40245 County Road 20, Mitchell, Nebraska, 69357

7.6 To confirm attendance and/or obtain more information, please contact Buffy Meyer buffymeyer@nebraska.edu

8. PRICE AND PAYMENT

8.1 LEASE PAYMENTS TERMS

(a) Lease payments are due by check the 1st of each month.

(b) Remit Payments To: University of Nebraska-Lincoln

Address: Attn: PREEC Feedlot Lease

Panhandle Research, Extension and Education Center

4502 Avenue I, Scottsbluff, NE, 69361

9. LEASE TERM

9.1 The term of this lease shall be twelve (12) months. The contract may be renewed, for two (2) additional 1-year term(s) upon completion of the Initial Term provided written mutual agreement of both parties is exercised in writing, sixty (60) days prior to the expiration of the existing contract.

mailto:buffymeyer@nebraska.edu

Schedule of Events - Scope of Work - Doc1698296343

PREEC Feedlot Lease

September 10, 2025

1. Updated Schedule of Events

Schedule of Events

ACTIVITY DATE

1. Release RFP

September 9, 2025

2.

Last day to RSVP “Notification of Intent to Attend Optional On-Site Tour Contact: Buffy Meyer buffymeyer@nebraska.gov

September 16, 2025, 4:00PM

3.

Optional On-Site Tours – Mountain Time Zone Location: Panhandle Research, Extension and Education Center Feedlot 40245 County Road 20, Mitchell, Nebraska 60357

September 17, 2025, 9:00AM MT

4. Deadline to Submit Written Questions

September 19, 2025, 5:00PM CT

5. Response to Written Questions Posted – See Addendum Section 2 In the RFP

September 23, 2025

6. Submission of Proposals Due – Bid closes

September 30, 2025, 11:59PM CT

7. Evaluation Period TBD

8. RFP Intent to Award and Bidders Notified TBD

9. Contract Negotiation TBD

10. Lease Begins Upon Execution mailto:buffymeyer@nebraska.gov

ADDENDUM TWO (2)

Scope of Work and Schedule of Events- Doc1698296343

PREEC Feedlot Lease

September 12, 2025

1. SOW Section 7, Item 7.6 – Pre-Bid and Site Visit

The contact email address to confirm attendance or obtain more information has been updated. To confirm attendance, interested proposers will need to email the revised email address.

Section 7, Item 7.6 is hereby amended as follows:

7.6 To confirm attendance and/or obtain more information, please contact Buffy Meyer buffymeyer@nebraska.edu

2. Schedule of Events #2

Schedule of Events Item 2. is hereby amended as follows Last day to RSVP “Notification of Intent to Attend Optional On-Site Tour Contact: Buffy Meyer buffymeyer@nebraska.edu

SOLICITATION ADDENDUM THREE

QUESTIONS AND ANSWERS

SOLICITATION NUMBER: Doc1698296343

PREEC Feedlot Lease Addendum Effective Date: September 23, 2025

Questions and Answers

Following are the questions submitted and answers provided for the above-mentioned solicitation.

The questions and answers are to be considered as part of the solicitation. It is the responsibility of bidders to check the Ariba website for all addenda or amendments.

Question University Response

1. Is internet service provided at the site and is it included in the utility costs?

Yes, it is included through Vistabeam.

Speed is 50mpbs upload and 10mpbs download.

2. Is a landline included in the utility costs? No. There are no landlines at the facility.

3. Is trash disposal included in the utility costs? Yes, it is included. The dumpster is 1.5-yard container. The frequency of collection is 6:30a.m. every Wednesday morning. Lessee shall separate manure and other waste from non-agricultural materials and dispose of them appropriately.

4. Regarding repairs, would the University consider a cost sharing arrangement on repairs where the Lessee pays the first $1,000 of any single repair and the University pays everything over $1,000?

No. The facility will be in working order when tenant takes ownership. Any repairs needed will be paid by the tenant.

5. Will the University ensure the scales are certified throughout the term of the lease?

Yes. – see updated Scope of Work 5.7

6.a Will the University consider leasing the feed truck(s) under a lease separate from the feedlot lease?

Yes, the University will consider the terms of leasing equipment on a separate agreement.

6.b. Is selling the feed trucks an option?

No, selling the feed trucks is not an option.

7. Will specific authorization to mine the gravel/hard pan/clay from the pit located on site to maintain the pens when manure is removed be included in the lease agreement?

Yes, the material (gravel/hardpan/clay) in the pit can be used to maintain leased pens only by the tenant. No additional authorization is required.

8. Will the University ensure the lessee access to the PREEC Farm Manager for managing lagoon water and other maintenance questions?

Yes, the PREEC Farm Manager will be available to ensure proper management and other aspects of the feedlot. – see updated Scope of work 5.8

This addendum will be incorporated into the solicitation.

9. Understanding the Feed Mill itself is not included in the lease, will the University allow the lessee to utilize the Micro-Nutrient Machine in the Feed Mill?

Yes, the University will consider the terms of leasing equipment on a separate agreement. – see updated 3.3 of SOW and 4.13 in the RFP Ariba questions

10. Will the University agree to remove all the rolling stock, tools, and miscellaneous equipment not included in the lease, prior to the commencement of the lease?

All equipment on site will be removed before the tenant takes possession of the site- see updated SOW 5.9

11. Will the University permit the storage of prescription antibiotics and animal health narcotics on the premises?

Yes, it will be allowed. Infrastructure (freezer, refrigerator, storage cabinets) to store these drugs is currently present at the feedlot. Any controlled substance must be stored securely. The university is not liable for any equipment malfunction and the loss of any product.

12. Will the University ensure all outdoor overhead lighting is functional prior to commencement of the lease?

Yes, we will ensure all lighting is in working order before the tenant takes possession – see updated SOW 5.10

13. Will the University allow a 1,000 gallon diesel storage tank and a 1,000 gallon gasoline storage tank be placed on the premises during the term of the lease?

The site has a 350-gallon diesel storage tank that is available for the tenant to use.

If the tenant wants to install a 1,000-gallon diesel storage tank and a 1,000-gallon gasoline storage tank, they will be responsible for any permits, fees associated with permitting, and construction, including site preparation, if they wish to place these additional storage tanks on the site. Additionally, tenant will be responsible for removing those storage tanks at the termination of the lease and be responsible for any permits, fees associated with permitting and construction included with removal.

And responsible for keeping property in good condition. – see updated SOW 4.21

Supplier Response Report -- Doc1698296343 - PREEC Feedlot Lease

Table of Contents

Owen and Bryan Palm (Owen & Bryan Palm)

Owen and Bryan Palm (Owen & Bryan Palm) Page 1 of 7

Introduction

This is a print version of the event details. It contains a summary of the event and its contents. The response displayed below is the last accepted response. If the participant did not have an accepted response, the latest draft response is displayed. Review the event details for correctness.

This file was downloaded at: [Friday, October 3, 2025 at 4:29 PM]

Overview

Supplier Name Owen and Bryan Palm (Ownen & Bryan Palm) Event ID Doc1698296343 Event Name PREEC Feedlot Lease Publish Date 9/9/2025 7:59 PM Open Date 9/9/2025 7:59 PM Close Date Response Submitted Date 9/25/2025 3:54 PM Report Generated Date 10/3/2025 4:29 PM Owner Buffy J Meyer Event Type RFP Currency US Dollar

Commodity Farming and Fishing and Forestry and Wildlife Machinery and Accessories 21, Farming and Fishing and Forestry and Wildlife Contracting Services 70, Livestock services 7012

Regions USA United States of America Anticipated Contract Effective Date

10/22/2025

Timing Rules

Publish time 9/9/2025 7:59 PM Response end time 9/30/2025 11:59 PM

Content

Name Value 1 Introduction

1.1 The University of Nebraska (University) is the state’s only University Information public university system, made up of four campuses each with a distinct role and mission. It consists of four university campuses: the University of Nebraska at Lincoln, the University of Nebraska at Omaha, the University of Nebraska at Kearney and the University of Nebraska Medical Center located in Omaha. The University also includes the Nebraska College of Technical Agriculture located in

Owen and Bryan Palm (Owen & Bryan Palm) Page 2 of 7

Curtis and Central Administration. Together the campuses enroll more than 51,000 students and employ 16,000 faculty and staff who serve the state and world through education, research, and outreach.

1.2 How to respond to the RFI/RFP

1. In order to participate in this bid you must submit your Proposal electronically through this electronic bidding system. Please review all details in the bid to obtain the specific information before submitting a bid Proposal. No paper bids will be accepted.

2. Review and accept the Agreement and/or Prerequisite(s) at the project level

3. Enter your response and click on Submit entire response. Please note that unless you click on the "Submit" button, your response will not be received by the customer.

2 Addendum(s) Documents

2.1 Addendum One.docx Addendum One.docx

2.2 Addendum Two (2) Addendum Two (2) Revised Email Address.pdf

2.3 Q&A Addendum Three (3) Q&A Addendm 3 To Post 9.23.25 Final.pdf 3 Attachments

3.1 -University of Nebraska Terms and Conditions Acknowledgement the University of Nebraska Bidder acknowledges reading and understanding Request for Proposal Terms and Conditions, and Site Usage Terms and Conditions for the University of Nebraska Bidding Tool. All Proposals must be received by the

. It is the responsibility of Bidder to allow system before the Proposal Deadline adequate time for reviewing and submitting their Proposal before the deadline to ensure all required responses have been completed.

Bidder Acknowledges

3.2 The University Contract Feedlot Rental Agreement Template for reference (V2) of Nebraska Feedlot Rental Agreement shall be the primary contract between the University and Lessee for the rental of property resulting from the Request for Proposal. All requested Deviations from the University of Nebraska Feedlot Rental Agreement must be clearly and specifically defined in the Proposal. University will not entertain any Deviation for Non-Negotiable Terms and Conditions marked as such in the Request for Proposal.

Bidder Acknowledges

3.3 Bidder has carefully examined the Scope Doc1698296343 Scope of Work of Work, and fully understand the type and quality of the product(s) and/or service

(s) sought by the University and hereby propose to supply such at the prices stated and in accordance with this Request for Proposal.

Yes

3.4 Bidder has carefully examined the Doc1698296343 Schedule of Events Schedule of Events

Yes

4 General Attributes

4.1 Unless a Request for Proposal requests an attachment Bid Proposals explicitly, Bidder shall make every effort to provide answers in the spaces provided.

Furthermore, Bidder understand that Proposals may be disqualified for not doing

so. The University is not obligated to review URLs/web link, and/or any unrequested Bidder Proposal documentation.

4.2 Describe your company (a brief history may be appropriate), Company Profile its size and locations, and number of employees.

Palm Farming Partnership was established in 1992. The owners are Owen & Karen Palm and Bryan & Jessica Palm. The enterprise is consists of a row crop operation (2,000 Acres), alfalfa production and a commercial and registered purebred black angus cow-calf operation (1,200 head). All calves are retained until finished and marketed primarily through Sustainable Beef. The operation has 6 full-time employees and 4

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Part-Time Employees. The Partnership operates in Sioux and Box Butte County in the Nebraska Panhandle.

4.3 Bidder shall, upon request, provide the Audited Financial Statements University with audited financial statements and that of any parent or holding company for the three most recent fiscal years. Demonstrated financial ability and stability to ensure performance under any Agreement is critical to the evaluation process. Without stating specific reasons, the University may reject or refuse to further evaluate any Proposal based on the exercise of its judgment in its sole discretion that the financial position presented in a Proposal lacks the qualities that University deems necessary to the project's success.