The First Development Agreement – September 1994
Provided no residential development rights whatsoever with respect to the Spit. Paragraph 16(g) therein reads as follows:
Captain Sam’s Spit. The Property Owner commits to the permanent reservation of the tract of land known as Captain Sam’s Spit, shown in Exhibit 16.2 as active and/or passive open space, nature study, or parks. Property Owner agrees to convey Captain Sam’s Spit to KICA, by quit claim deed by January 1,2008; provided, however, that Property Owner may convey the eastern half of the spit to Charleston County Park & Recreation Commission prior to January 1, 2008.
The Second Development Agreement – October 2005
Paragraph 16(f), opened the door to limited residential development of the Spit restricted to “no more than 20 acres” out of the entirety of the Spit. However, the Second Development Agreement maintained the unconditional obligation to convey and place under conservation easement the Spit prior to the Termination Date (the Marsh/Beach Paragraph and the Highlands Paragraph). Substantially identical language was carried over in Paragraph 16(f) of the ARDA.
The Court Cases
The Revetment – 2009 thru 2018
The Community Dock – 2011 thru 2020
The Steel Wall – 2015 thru 2021
The above court cases pertain to KDP's requests to 'improve' infrastructure on Sam's Spit. Each of these were ultimately decided by the South Carolina Supreme Court - opining that 'improving' access and infrastructure on Sam's Spit does not benefit the public and only benefits the private developer. See detail on the SCELP Sam's Spit webpage
South Street Partners acquires KDP II – June 2013
The Amended and Restated Development Agreement – December 5, 2013
The ARDA expires - December 4, 2023
KICA letter to KDP II - December 4, 2023
KICA sent a letter to Defendants demanding specific performance of the Marsh/Beach Paragraph and the Highlands Paragraph. KICA letter to KDP
KDP II responds to KICA letter - December 14, 2023
KDP issued a letter denying KICA’s demand. Among other things, KDP claims neither the Marsh/Beach Paragraph nor the Highlands Paragraph have been triggered because the development plans for the Spit did not come to fruition. KDP response to KICA
TOKI Demand Letter to KDP II - January 8, 2024
The Town sent a letter to KDP demanding specific performance of the Marsh/Beach Paragraph and the Highlands Paragraph pursuant to the ARDA. TOKI Demand Letter to KDP
KICA and KDP II sign letter to convey Beachfront lands - January 31, 2024
KICA and KDP II agree that KDP II will convey beachfront lands to KICA. This agreement is contingent on KDP submitting a subdivision plan to the Town Planning Commission, and the Commission approving a waiver to their regulations. KICA & KDP conveyance agreement and KICA/KDP Quit Claim Deed
Subdivision request to TOKI - March 6, 2024
The Town’s Planning Commission approved a subdivision plat submitted by KDP for the land seaward of the primary dune (the “Ocean Front Highland’). Sam's Spit Survey Map . This constitutes some, but not all, of the land required to be conveyed to KICA under the Marsh/Beach Paragraph of the ARDA
TOKI Planning Commission denies KDP subdivision proposal - April 3, 2024
The Town Planning Commission denied the Defendants’ two additional proposed subdivision requests with respect to the Spit, which would have separated the marshlands (the “Marsh”) from and the remaining highlands of the Spit on Parcel 12B (the “Highlands”). Sam's Spit Marshland Map . The Marsh is the other property required to be conveyed to KICA under the Marsh/Beach Paragraph. The Highlands are the land required to be placed into conservation easement pursuant to the Highlands Paragraph. These subdivisions would have also created a separate parcel named Parcel 12A.
KDP proposal with the State of South Carolina - April 3, 2024
At the Town Planning Commission meeting, the KDP’s representative confirmed the subdivisions were for the purposes of complying with the ARDA. However, the representative failed to provide the Planning Commission with details and confirmation that KDP intended to fully comply with Paragraph 16(f). When asked about KDP’s plans for the Highlands, specifically, the representative referenced ongoing discussions with the State of South Carolina, which caused the Planning Commission concern. Therefore, the Planning Commission voted to deny these subdivision applications pursuant to Section 12-254 of the Town’s Zoning Ordinance.
TOKI, KICA and Conservancy file legal action against KDP II - May 10, 2024
The Town of Kiawah Island, Kiawah Island Community Association and Kiawah Island Natural Habitat Conservancy jointly file a complaint in the Charleston County court to compel KDP II to fulfill its obligations in the ARDA.