Dear Farmer’s Market Participant,

Welcome to “Taste the Local Difference” Farmer’s Market at Mt. Pleasant Towne Centre, beginning Saturday, May 21 – October 29, from 9am-2pm.

We are excited to offer this wonderful event to our local farmers, shoppers and our community. Mt. Pleasant Towne Centre lends itself to events such as the Farmer’s Market. Our beautiful courtyards and premier shops are a great compliment to the high-quality products you will provide each week.

The exact location of the market will be in the Belk Circle, on Belk Drive. When you enter the shopping center onto Belk Drive from 17N, it will be straight ahead. I and Kristi Tolley, the marketing manager, will be present upon your arrival to help direct you to your assigned booth and parking location.

We are thankful for the selection of local farmers in the Lowcountry and will remain committed to only accepting quality growers for this well-respected market.

Should you have any questions upon reviewing the information I have included with this letter, please do not hesitate to give me a call or send me an email to MPTCFarmersMarket@gmail.com.

I look forward to having you be a part of the Mt. Pleasant Towne Centre Market!

Sincerely,

Heather RichieMarket Manager

2011 Farmers Market Application

Saturday, May 21 – October 29th, 2011

Our invitation process is revolving, so there is no deadline.

If you have questions regarding the application process, please contact the Market Manager, Heather Richie, at 843-608-8083.

By signing below I state that I have read and accept the rules and regulations in this

application form.

Business Name _______________________________________________

Contact Name ________________________________________________

Contact Signature _________________________ Title _______________

Address _____________________________________________________

City _____________________________ State, Zip __________________

Home Phone __________________ Business Phone __________________

E-Mail Address _______________________________________________

Tax ID ______________________________________________________

Website Address ______________________________________________

I understand that all vendors accepted into the 2011 Mt. Pleasant Towne Centre Farmer’s Market will be required to participate for the entire four hours of each date.

Farmers/vendors agree to be bound by the RULES AND REGULATIONS of the Mt. Pleasant Towne Centre as detailed on the attached Exhibit F, where applicable. (See attached hereto)

Signature: ____________________________________ Date: ___________

Description of your goods or produce:

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

*Any goods or produce that directly competes with an existing store on the property

will not be permitted to sell (i.e. candles and certain types of jewelry). If you are unsure

whether you are allowed to participate with your goods, contact the market manager at

(843) 608-8083. Mt. Pleasant Towne Centre reserves the right to limit the number of

merchants of a specific type of produce or goods. Mt. Pleasant Towne Centre cannot

accept applications from vendors that do not have a current Town of Mount Pleasant

business license and a signed HOLD HARMLESS AGREEMENT, Exhibit A.

Please check all that apply from the selections below:

All vendors are required to hold or obtain a Town of Mount Pleasant business license. If you do not currently hold a license, an application is attached for your convenience. Visit the Town of Mount Pleasant business license office for more information. Growers are exempt from this requirement.

Town of Mount Pleasant Business License No: _____________(required)

I am a: (1 required)________ Local Grower or Seller________ Prepared Food Vendor or Local Business Sponsor

Indicate certification: (1 or more required)________ DHEC ________ “Certified South Carolina” Marketing Program Member________ Department of Agriculture

Please be sure to include with returned application:

1. A copy of your Town of Mount Pleasant Business License and all

necessary permits and licenses for the goods you sell.

2. A check payable to IMI Mt. Pleasant, LLC for the market dates

selected on page 4, plus the $50 Annual Membership Fee.

• All booths are 12’x12’.

• Electricity is available at no additional charge.

• All booth spaces must be prepaid (1) one week in advance to

ensure your market space. If payment is not made in advance,

space will be assigned based upon availability.

Daily Market Fees: $25 for Local Growers & Food Artisans

$50 for Prepared Food Vendors, Craftspeople, & Local Business Sponsors

Add $10 per date if you would like an additional space.

If you are unsure which category best describes you, please call before

submitting your application.

Discount:

12 or more dates prepaid, save 5%

I will participate in the following market dates: (circle all that apply)

May June July Aug Sept Oct21st 4th 2nd 6th

13th2

3rd 1st28th 11th 9th 13th 10th 8th

18th 16th 20th 17th 15th25th 23rd 27th 24th 22nd

30th 29th

Total number of market dates: __________

x Daily Market Fee: $__________

+ Annual Membership Fee: $__________

Subtotal: $__________

- Discount: $__________

Total: $__________

3. A signed and dated HOLD HARMLESS AGREEMENT, Exhibit A.

(See attached hereto)

4. Mail or deliver all materials and payment to:

IMI Mt. Pleasant, LLC

1600 Palmetto Grande Dr.

Mt. Pleasant, SC 29464

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

This Indemnification and Hold Harmless Agreement is entered into as of this _____ day of_________, 2011 by _____________________________________("Indemnitor") in favor of IMI Mount Pleasant, LLC ("IMI"), Bayer Properties, LLC ("Bayer"), Institutional Mall Investors, LLC ("Institutional Mall"), California Public Employees' Retirement System ("CalPERS") and MCA Mall Investors, LLC ("MCA") (IMI, Bayer, Institutional Mall, CalPERS and MCA are collectively referred to herein as the "Indemnitees").

W I T N E S S E T H :

WHEREAS, a special event known as __________________ will be held on the common areas of the premises known as Mt. Pleasant Towne Centre in Mt. Pleasant, South Carolina (hereinafter referred to as the "Premises") on _______________, 2011 (hereinafter the "Event");

WHEREAS, Indemnitees have agreed to permit the use of the Premises for the Event on the condition that Indemnitor covenant and agree to the terms and conditions of this Indemnification and Hold Harmless Agreement;

NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged by Indemnitor, Indemnitor hereby covenants and agrees as follows:

1. To the maximum extent permitted by law, Indemnitor shall indemnify, defend and hold free and harmless the Indemnitees, including but not limited to each of their respective successors, assigns, officers, directors, members, partners, shareholders, employees, contractors and agents, from and against any and all actions, claims, liabilities, assertions of liabilities, losses, costs and expenses whatsoever, including but not limited to attorneys' fees and costs, which in any manner may arise or be alleged to have arisen or resulted from the presence, activities, events and omissions of any nature whatsoever of Indemnitor, including its officers, directors, members, partners, employees, contractors, agents and invitees, on the Premises in connection with the use or occupancy of the Premises for the Event including, without limitation, any claim or claims for bodily injury or death of any persons whatsoever and for any loss or damage whatsoever, for any loss of the means of support and for any loss or damage whatsoever to property.

2. Indemnitor, on behalf of itself, its successors, assigns, officers, directors, members, partners, employees, contractors, agents and invitees, referred to collectively as the "Releasors", do hereby release, acquit and forever discharge the Indemnitees, including but not limited to each of their respective successors, assigns, officers, directors, members, partners, shareholders, employees, contractors and agents, of and from any and all known and unknown causes of action, damages, liabilities, costs, expenses and claims and demands of whatsoever kind or nature which Releasors now have or may ever have against Indemnitees, including but not limited to each of Indemnitees' respective successors, assigns, officers, directors, members, partners, shareholders, employees, contractors and agents, on account of any and all known and unknown present or future injuries, losses and damages sustained or received or which may be sustained by Releasors or the property of Releasors occuring on or about the Premises, caused by Releasors' acts or negligent omissions or arising out of Releasors' use or occupancy of the Premises for purposes of the Event.

3. Indemnitor hereby represents and warrants to Indemnitees that it has the full right, power and authority to execute this Indemnification and Hold Harmless Agreement.

IN WITNESS WHEREOF, the Indemnitor has executed this Agreement as of the day and year above written.

INDEMNITOR: ________________________

By:

Name:

Title:

11509931.1

Farmers Market “Taste the Local Difference”Saturdays May 21 – October 29, 2011, 9am-1pm

General Provisions

These Rules and Regulations are mandatory for all Market Participants ("Vendors") including their agents and employees. They are subject to change. Vendors are required to read these carefully before signing their Applications.

1. Vendors must reside and produce the items they sell within a 100 mile radius of Mount Pleasant, South Carolina.

2. Vendors must be the original producer at least 50% of all items being sold. 3. Vendors must pay a daily or annual fee. (Cost depends on number of spaces reserved).

Any seller that reserves more than one space must pay for and occupy all reserved spaces at least 24 weeks, or lose the right to reserve more than one space the following year. Daily fees may also be paid in full at the beginning of each Market season. Annual fees must be paid in full upon acceptance to the Market. Payment options listed under “fees”.

4. A full season seller must occupy a reserved space at the Saturday Market by the first Saturday of the Market or lose the right to reserve that space for the remainder of the season unless he/she notifies the Market Manager before the first Saturday of the Market with the intent to begin selling at a later date. All exceptions are to be at the Market Manager’s discretion.

5. Vendor spaces must appear neat and clean at all times. The Market Manager will inspect all booths. Vendor spaces that do not comply will be asked to leave the Market at the Market Manager’s discretion.

6. The Market will operate from 9am – 1pm on Saturdays, May 21 through October 29, 2011.

7. Vendors must report their daily sales from the Mt. Pleasant Towne Centre market at the end of each market to the Market manager prior to leaving the property. This information

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is collected for marketing purposes only and will not be shared. Vendors are requested to submit completed gross sales forms by product category for each market day attended, and to represent themselves with honesty and integrity. To avoid requiring vendors to tally sales at the market, forms are collected each week for the previous week. Forms may be submitted anonymously. Forms are collected in a closed container. Only the Market Manager and marketing manager are privy to the original forms and they are not permitted to discuss the sales tallies for individual vendors. Raw data is incorporated into a spreadsheet by category grouping. Forms are destroyed after they are compiled into a spreadsheet.

8. Vendors will not be able to move their vehicles in or out of the Market area during times when such movement would pose a danger to people in the shopping area. Vendors may not leave prior to closing time unless approved by the Market Manager. All exceptions are to be at the discretion of the Market Manager.

9. Vendors are responsible for final clean up of the booth location no later than 2pm. It shall be the sole responsibility and expense of the vendor to remove all equipment immediately following the Mt. Pleasant Towne Centre Farmers Market. In addition, vendors shall leave booth space and any other areas used in a neat and clean condition as such premises were prior to their arrival at the event. Any booth space that does not meet these requirements will be charged a $100 cleaning fee. This fee must be paid in full before vendor returns to the next Market day.

10. Prices must be posted for all items sold or posted on a price board visible at tent.11. All produce must be of top quality, at the discretion of the Market Manager.12. All products must be sold above wholesale price.13. All Vendors and their products must comply with all applicable federal, state, and local

regulations governing health, packaging, labeling, taxes, scales, weights, and measures, etc.

14. One Permit is issued to an individual or group of individuals. To be eligible to share in a permit, each qualified representative must:

• Be listed by name on the application or approved by the Market Manager.• Have substantial participation in the actual production of the product.•Vendors may share a stand at the Market in order to provide a broader selection

of product throughout the season. If opting for this, both applications must be submitted together. However the vendor or qualified representative whose products are being sold on that Market day must be present. Vendors sharing a stand will share the season fee.

Additional Information

Membership Dues Membership dues are $50. No application fees or processing fees will be charged. Membership dues are non refundable and will be used to pay for advertising, the permits required by the Town to have the Farmers Market events and staff for the events.

Fee Schedule All booth spaces must be prepaid (1) one week in advance to ensure your market space. If payment is not made in advance, space will be assigned based upon availability.

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Local Growers & Food Artisans$35.00 per week, plus $10.00 each additional space, each day$800.00 prepaid Full Season, plus $10.00 each additional space, each day$400.00 prepaid Half Season, plus $10.00 each additional space, each day

Prepared Food Vendors, Craftspeople, & Local Business Sponsors$50.00 per week, plus $10.00 each additional space, each day$1160.00 prepaid Full Season, plus $10.00 each additional space, each day$580.00 prepaid Half Season, plus $10.00 each additional space, each day

Local Business SponsorsA single day sponsorship fee of $50 entitles any local business to promote themselves for the duration of the Market on that day. (Vendor may promote their business by collecting contact information and/or distributing brochures, coupons, etc… However, no business transactions may take place.)

Tent & Table Rental FeesAnyone needing a tent or table may rent them from the Market on a day to day basis. Tents are also available seasonally.$10 per Tent per Day$100 per Tent per Half Season$200 per Tent per Full Season$5 per Table per day

*Due to limited availability, tents and tables are available on a first come, first serve basis.

Tent Set-Up7:00am – 8:30am Vendors must be set up by 8:30am. Vendors are responsible for tent set up and break down. All tents must be set up at this time in assigned areas. Vendors are responsible for tent weights and ensuring their tents are securely weighted down without staking into the ground. Tent sites will be pre-assigned for the season. Seasonal vendors must provide notification by the end of the Market on the prior Saturday if they do not plan to sell at the next Market. All vendors must provide their own tables, table cloths/linens, and signage. A limited supply of table and tents will be available to rent from the Mt. Pleasant Towne Centre.

Daily VendorsAll daily vendors must submit or have previously submitted an application before becoming eligible for acceptance for the following week. Market Fees, annual or daily, must be paid to the Market Manager upon acceptance, prior to set up at the Market. The policy of first-come, first serve is interpreted to allow for a fair, orderly and courteous system.

ParkingParking will be assigned by the Market Manager. No vehicles can enter the Market area after the Market begins or leave before the Market is over unless pre approved by the Market Manager.

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PermitsBooth permits are issued once a year at the beginning of the season. Booths will be assigned a location on a weekly basis, and are subject to rearrangement by the Market Manager. Permits will be approved using the following criteria:

The products to be sold should reflect the Market mission and goals. The product increases the selection and diversity of products available at the Market. Seniority applies if the vendor continues to offer products meeting the first of the aforementioned criteria and demonstrates the ability to provide a sufficient supply of products for sale.

A committee in conjunction with the Market Manager reviews all applications and issues stall permits. Copies of all licenses and permits required for the sale of his/her product must be available to the Market Manager if requested. Daily vendors must provide copies of all required licenses and permits to the Market Manager prior to set up.

ComplaintsVendors are responsible for effectively addressing complaints from their customers; however, the Market Manager will get involved if there are repeated complaints about a specific Vendor, and repeated customer complaints regarding a specific Vendor may result in the expulsion of that Vendor from the Market. The Market Manager will also address complaints between the Vendors.

Resources

Mt. Pleasant Towne Centre Management OfficeNext to Palmetto MoonPhone number: 843-216-9900

Market ManagerHeather RichiePhone number: 843-608-8083

Restroom LocationAtlanta Bread CompanyBarnes & NobleBelkPalmetto Grande Theatre

ATM LocationSweet Julep’s

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Rules

GENERAL RULES FOR ALL MARKET VENDORS AND MARKET CUSTOMERS A. Abusive, profane, threatening or harassing language or actions toward Market or Mt. Pleasant Towne Centre staff, other Vendors or Market customers is prohibited.B. Individuals knowledgeable of the items for sale must be working at each Vendors displayC. Children under the age of 14 will not be permitted to sell unless an adult who is knowledgeable about the item(s) for sale is present.D. Vendors will dress appropriately for working with the public.E. Fraudulent, dishonest or deceptive merchandising is prohibited.F. False packs and incorporating the exposure of the best products at the top of a package with inferior products packed below is prohibited.G. Leashed pets are permitted in the Market area.H. Solicitations for products, services or charitable contributions are NOT permitted except with the express permission of the Market Manager and Mt. Pleasant Towne Centre management.I. Children under 12 years of age must be accompanied by a responsible adult.J. Vendors are responsible for their own actions and those of their employees and/or agents.K. Firearms, fireworks, gambling, disorderly conduct or the use of alcohol or drugs by Vendors or their employees or agents, or Market customers is prohibited.L. The selling of live animals (i.e. livestock, domesticated animals, etc.) is prohibited.M. Selling and distribution of Alcoholic beverages are prohibited.O. Smoking is prohibited.

"GROWER" RULESIn addition to the General Rules, Food Vendors must comply with the following:To be considered an eligible "Grower", the Vendor must be a person who grows products from seed propagation or plugs and harvests them for sale, and complies with the 50% rule described below.

1. Grower Application and Field VisitsGrowers must complete and sign the Grower Application stating that they understand and agree to comply with the Rules and Regulations of the Market. Field site visits may be conducted by Market Manager. The Market is not required to announce or schedule field site visits. Failure by the Grower to cooperate with the Market and/or agents from the Mt. Pleasant Towne Centre property management team regarding field site visits may result in expulsion from the Market.

2. 50% RuleGrowers must grow 50% of the items for sale in their display. Produce purchased from another source, even another Lowcountry farm, shall not be considered part of a Grower's harvested 50% (e.g. if a Grower sells 4 self harvested items, that Grower may sell 4 items purchased from others). The 50% rule is effective from the second Thursday in May until the second Thursday in July, and from the first Thursday in September until the last Thursday in October. The Market may waive the 50% rule due to unusual weather, disease or climate conditions.

3. Produce SignageA. Growers agree to display a sign at their display which indicates their farm name and location. The Market will not provide this sign.B. Growers agree to display signs indicating the name and the price of each item for sale.

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These signs will be displayed so that customers can easily see them. The Market will not provide any such signs.C. Growers agree to display signs adjacent to items purchased from others clearly indicating that those items were in fact purchased from others. The signs will be displayed so that they can be easily read by customers. The signs will include the words “purchased from” and they will state the location from which the items were purchased. The Market will not provide any such signs.D. Growers who grow 100% of the items they sell may display signs indicating this to customers. The Market will provide such signs at the Market Manager’s discretion.

4. Organic Produce and Certified Naturally Grown (CNG) ProduceIf any item for sale is labeled organic, the grower must show proof of certification from a USDA licensed certifier. Growers whose annual sales do not exceed $5,000 and can demonstrate that they meet organic standards may label products as organic, but they must follow the USDA regulations and be prepared to present the Market Manager with documentation. Only USDA certified organic growers may display the USDA organic seal. Products which are certified naturally grown (CNG) may not use the word organic but may display the CNG label. Proof of certification must be supplied to the Market Manager.

In addition to the General Rules, Local Produce Sellers must comply with the following:

1. Farmers Market Seller ApplicationFarmers and sellers must complete and sign the Farmers Market Application stating that he/she understands and agrees to comply with the Rules and Regulations of the Market.

2. Produce SignageA. Farmers and sellers agree to display a sign at his/her display which indicates the farm/s from which the produce was harvested. The Market will not provide this sign.B. Farmers and sellers agree to display signs indicating the name and the price of each item for sale. These signs will be displayed so that customers can easily see them. The Market will not provide any such signs.

3. Organic Produce and Certified Naturally Grown (CNG) ProduceIf any item for sale is labeled organic, the Farmers and Sellers must show proof of the grower's certification from a USDA licensed certifier. Growers whose annual sales do not exceed $5000 and can demonstrate that they meet organic standards may label products as organic, but they must follow the USDA regulations and be prepared to present the Market Manager with documentation. Only USDA certified organic growers may display the USDA organic seal. Products which are certified naturally grown (CNG) may not use the word organic but may display the CNG label. Proof of certification must be supplied to the MANAGER

“FOOD VENDOR” RULESIn addition to the General Rules, Food Vendors must comply with the following:1. Food Vendor Application Food Vendors must complete and sign the Food Vendor Application stating that they understand and agree to comply with the Rules and Regulations of the Market.2. The sale of resale items by Food Vendors is prohibited but multiple food vendors may share a single tent.

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3. All Food Vendors' products must complement the mission of the Market as determined by the Market Manager and Property Management Team4. All Food Vendors must be in compliance with S.C. Department of Health and Environmental Control (DHEC) rules and regulations. (Food items prepared for sale must have been prepared in a DHEC or Department of Agriculture approved kitchen.)5. All Food Vendors must have a Town of Mount Pleasant Business License.

SANCTIONS FOR VIOLATIONS OF MARKET RULES AND REGULATIONSAny violation of the Market Rules as stated above or any violation of the laws of the state of South Carolina or Charleston County or the Town of Mount Pleasant or The United States of America will result in the following sanction(s) being imposed by the Market Manager:

1. First offense: a written warning from the Market Manager.2. Second offense: a $25.00 fine.3. Non payment of a fine: a one day suspension from the Market.4. Third offense: expulsion from the Market for the remainder of the season.

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