The discussion of the waterfront at tonight’s special meeting was limited (even though it neared two hours). Outside of a few uncontroversial but not trivial clarifying questions from the mayor, the rest of the council remained mostly silent, which could be either a great thing (they’re so tightly wound into the status of the negotiations they do not have any legitimate concerns) or an indication that they have no idea what had just been presented to them. (It is probably somewhere in between, and hopefully shaded toward the former.)

There are some loose ends that need to be straightened out in the next two weeks (the agreement must be approved by council on December 20, according to Charlie Long), a few of which could be considered deal-killers if not dealt with swiftly and appropriately (and with common sense). The most critical ones are the ticking time bombs. These are a series of contractual terms (either in the deal from the beginning or tacked on in a recent change) that purportedly aim to “protect” the City but in reality just outline a senseless path to mutually-assured destruction, with the actual long-term loser not being the developer or the City (the entity) at all, but the city — the community at large. You and me.

Take the funding of the latter phases of the Intermodal Station project as an example. The City needs to find $33m in some sort of funding (in addition to the $13m it needs to find within for its required local portion) to fully build the station and surrounding infrastructure. What if in 2016 — with Phases I and II completed and Hercules Bayfront underway — the City is unable to do just that, they find only $14m in TIGER XIII funding? Is it wise for that City failure to follow through on its commitment to trigger an out clause that rescinds the prior approvals and terms of the private development agreement? Of course not.

The deal cannot structurally marry both the public and private portions so that the failure of one directly results in the failure of the other. That is an unhealthy deal.

There are some smaller items that also need to be worked out, and should be without much effort, provided common sense rules the day. For example, tying the street grid in the Transit Village (the northeastern-most portion of the project) with Linus Pauling on the northern end. This makes perfect sense in a perfect world, however Linus Pauling Drive is privately owned by Bio-Rad and even if they consent to the connection — either immediately or ultimately — there is a process that must take place. And hinging the approval of the vesting map on that process is wholly unnecessary.

The road connection will always be an option for the City, developer and Bio-Rad to pursue at any point in the future (tomorrow, in 2015, in 2028, whenever). It is not a significant impact on the value of the Hercules Bayfront project and is not a requirement to make the Intermodal Station a reality. It is an added bonus — a direct connection between the residential and retail (and transit) uses of the development along the waterfront and the job base of the industrial business park, an idea that is apparently welcomed by all parties (and originally introduced by the developer). Shoehorning the connection as a requirement for approval in an accelerated milestone schedule is unnecessary.

Two weeks is not a lot of time. Battles must be chosen.