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<br />VIII. BNSF Negotiations <br /> <br />Discussions with Burlington Northern Santa Fe Railroad (BNSF) regarding <br />Northstar design, construction and operations continue. As noted in the last <br />monthly report, the Project and BNSF have agreed on a list of capital <br />improvements to carry into advanced and final design. This is not a <br />commitment to build all of these capital improvements. It is, however, a <br />commitment to carry out engineering on these improvements to help inform the <br />ongoing negotiations. The draft design agreement will be submitted to FT A for <br />review as soon as it is available from BNSF's legal staff. On April 6, the <br />Northstar negotiating team lead by Tim Yantos of the NCDA and Cliff Greene <br />of Greene Espel met with BNSF's top legal team to provide a briefing on the <br />financing and design status of North star. BNSF identified its key issues with a <br />focus on indemnification and liability allocation. After deliberation by BNSF, <br />discussions will continue in ensuing months. <br /> <br />IX. Risk Management <br /> <br />On April 7, the N CD A Board authorized the release of a Request for Proposals <br />(RFP) for Risk Management Services. The purpose of the RFP is to solicit <br />consulting assistance to advise the NCDA and the State in negotiations with <br />BNSF regarding insurance terms in the construction and operating agreements <br />with BNSF, and to place and manage necessary insurance coverages. In order <br />to address the potential liability arising out commuter rail operations, the State <br />of Minnesota and the NCDA need assistance in structuring the appropriate risk <br />allocation and necessary insurance package. The RFP will be issued on April <br />18, proposals due on May 20, and NCDA contract approval scheduled for June <br />2. <br /> <br />X. Property Acquisition <br /> <br />The following Parcel Status Report lists all the parcels for which the project <br />may need to acquire ownership or easement rights. It will be maintained and <br />updated throughout the property acquisition process to ensure property rights <br />are acquired in the time-frame necessary for construction and operations. As <br />noted in PMP Chapter 10, the Real Estate Plan, submitted to FT A March 4, <br />2005, the counties in which a parcel lies will lead the acquisition process. <br /> <br />Northstar Corridor Monthly Report <br />April 18, 2005 <br /> <br />9 <br /> <br />