TATU AIRFIELD LIMITED

TERMS AND CONDITIONS OF USE FOR SHAREHOLDERS  

INTRODUCTION

Tatu Airfield is a licensed category C private non-commercial aerodrome operated by Tatu City Limited (“TCL or Operator”). TCL is committed to a safe, secure and efficient operation of the aerodrome. It shall comply with all the obligations of the aerodrome operator pursuant to the Civil Aviation Act, the applicable regulations, the requirements in the approved aerodrome manual, the conditions endorsed on the TCL aerodrome licence, and any other directives of Kenya Civil Aviation Authority (KCAA).

This document sets out the terms and conditions (the “Terms”) for authorization to use the Tatu Airfield to land and take off from the Tatu Airfield and also stipulates the procedures for landing and takeoffs.

These Terms apply to both shareholders and non-shareholders (allowed on exceptional basis, from time to time, but excluding military aircraft).

The aircraft operator, owner and pilot (“You or User”) understands, agrees and acknowledges that these Terms constitute a legally binding agreement between User and the TCL and that your acceptance to use Tatu Airfield expressly indicates that You have read, understood and accepted these Terms.

 GENERAL TERMS AND CONDITIONS

1. The User accepts and is bound by these Terms if You use the Operator’s Airstrip or otherwise indicate your affirmative acceptance to these Terms.No Aircraft shall be allowed to land or take off from the Tatu Airstrip without filing a landing or takeoff plan at least two (2) hours prior to the intended landing parking or takeoff. All information shall be submitted by completing the online form available at www.tatucity.com/airfield.In these Terms, the term “Aircraft” means any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface, and includes all flying machines, aeroplanes, gliders, seaplanes, rotocrafts, airships, balloons, gyroplanes, helicopters, drones, ornithopters and other similar machines, but excludes state aircraft;

2. Pursuant to Clause 4.10 of the Tatu City Master Declaration of Covenants, Conditions and Restrictions and Clause 13.1.6 of the Share Subscription and Shareholders Agreement, TCL reserves the sole right to deny or withdraw the landing right to Users either permanently or temporarily if: the entity requesting landing right has a history of failing to abide by appropriate instructions by officer in charge of Tatu Airfield or otherwise when it deems it necessary to deny landing rights to an Aircraft, or the entity is in arrears on any fees due to TCL or its affiliates.
3. All pilots intending to use the Tatu Airfield must be familiar with aerodrome particulars as per the Aeronautical Information Publication (AIP) available at KCAA’s e-AIP website.
4. No student pilots will be allowed to take off or land at the Tatu Airfield.
5. The pilots are required to provide current and approved pilot licences and Certificate of Airworthiness for record keeping.
6. Notwithstanding these Terms, in case of emergency situations, the Aircraft operator or owner shall immediately provide the officer in charge the Aircraft details for logging in outside the normal operation logbook and report to the relevant authorities as required in Aviation Standards. The Aircraft operator or pilot shall coordinate with the Tatu Airfield operator in preparation of the report detailing the nature of the occurrence for reporting to the KCAA.
7. Tatu Airfield is only available for unidirectional take-off and landing on runway 06 and runway 24, respectively.
8. Tatu Airfield is within the Eastleigh Air Traffic Control Zone. For all inbound Aircraft, the operator, pilot or owner shall be required, following an approval granted by TCL, to call the Eastleigh Air Traffic Control, to request for clearance prior to transit to Tatu Airfield.
9. All Aircraft movements at the Tatu Airfield shall be recorded in the aerodrome-landing logbook by the TCL officer in charge and or their nominated representative. It is mandatory for all users to sign the movement record book after arrival and prior to departure.
10. The parties acknowledge that Tatu Airfield is within the Eastleigh Air Traffic Control zone. The zone is a training area for Moi Airbase and is considered to be of strategic military importance and therefore controlled by the military.
11. In relation to approaches to the Tatu Airfield, all Aircraft operators landing at the Tatu Airfield shall be guided with the  following approach guidelines:

• Approach from Wilson Aircraft (sector “Local Area” route via racecourse): The aircraft operator/pilot shall call before overhead Two Rivers. Tatu is then usually just visible from above 6,500 feet on heading 060.
• Approach from North: This is not recommended due to terrain (Aberdares/Kinangop).
• Approach from North East (sector Nanyuki): Control Zone Boundary is approximately 25 miles due North of NAVEX.
• Approach from South & East (sector Twin Bridges/Tango Victor to Ndula): The pilot shall be required to contact Nairobi RADAR on 122.3 MHZ for Special VFR to Tatu City when you are 3-5 miles from Ndula marker; request Nairobi Centre (118.5 MHZ) QSY to Nairobi RADAR 122.3 MHZ 3-5 miles before Ndula Marker or 3-5 miles before crossing point for SVFR to cross NEAL; call Eastleigh Air Traffic Control and inform them of the RADAR controlled vector details (altitude and heading) so they will know where you will be crossing the Eastleigh departure funnel.
• Approach from North West & West (sector Kijabe to Limuru): The minimum safe level is non-standard VFR 090 due to Limuru and Brackenhurst masts and terrain. On approaching Wilson CONTROL ZONE BOUNDARY, clear TRANSIT the Wilson Zone with Wilson Tower and then follow the procedure similar to a Wilson Approach with preferred routing via Two Rivers or Kiambu.

12. In relation to take-offs from Tatu Airfield, the pilot or aircraft operator shall contact the Eastleigh Air Traffic Control before departure and shall be guided by the following departure procedures:

• Departure to Wilson Airport: The Aircraft operator shall aim for Two Rivers on heading 240. Immediately contact Wilson Tower estimating overhead Two Rivers for routing Via KBC/Monastery/Racecourse for landing 07 or 14. Once established 2 way communication with Wilson Tower, report to Eastleigh Air Traffic Control for transit clearance.
• Departure to NEAL: The pilot or operator shall contact RADAR on 122.3 MHZ for Special visual flight rules (VFR). The Nairobi RADAR will give an altitude to maintain on height above sea level QNH to transit. The RADAR may then give full vector controlled transit until outside the Eastleigh Air Traffic Control zone and, depending on destination and proximity to the JKIA Class C airspace, possibly all the way to Twin Bridges or until released from Special VFR to Nairobi Centre on 118.5 MHZ at a specific waypoint. The pilot will also contact the Eastleigh Air Traffic Control and inform them of the RADAR controlled vector details (altitude and heading) and request QSY, they may not give QSY until You reach, or are close to Control Zone Boundary because you will cross the Eastleigh departure funnel immediately after crossing CONTROL ZONE BOUNDARY. Nairobi RADAR will give Class C airspace separation from HKJK and NEAL traffic.
• Departure in all Directions: The aircraft operator shall be required to report Control Zone Boundary out to Eastleigh Air Traffic Control as usual combined with 2 way communication with Wilson Tower/Nairobi Centre/RADAR and request QSY to next air traffic control ATC. Monitor Eastleigh Air Traffic Control.

The above approach and take-off procedures and directions are for guidance and information purposes only. The aircraft operators shall at all times report and comply with protocols issued by the relevant air traffic control points which may deviate from the set out procedures.

13. TCL strongly enforces security protocols both within the Tatu Airfield and the entire city. Any suspicious persons or intruders and anyone observed tampering with the Tatu Airfield property or loitering around on any private property (aircraft) in a suspicious manner, shall be confronted and reported to the officer-in-charge, the security team and the TCL’s management immediately. If warranted, they will inform the Kenya Police of the Government of Kenya to take further steps to ensure compliance.
14. TCL Security shall maintain an active security system and control all access to Aerodrome Movement Areas, to prevent unauthorized access to aircraft and other facilities.
15. All arriving and departing individuals on the territory of Tatu Airfield will be subjected to 100% identification checks. Failure to provide identification will result in a ban, for a length of time at TCL’s sole discretion, of use of Tatu Airfield.
16. By filling in and submitting the online application form for authorization to land or takeoff, you consent to holding and processing data relating to you for legal, personnel, administrative and management purposes.
17. The Users shall insure and keep its fixtures, fittings and all its movables insured from loss or damage by fire storm tempest and such other risks as TCL may deem expedient, and take a public liability policy with a reputable insurance firm or with underwriters of repute to the full insurable value thereof and to pay all premiums necessary for that purpose. For the avoidance of any doubt Users shall ensure that their insurance policies cover liability arising from death or bodily injury caused to any third party in connection with their aircrafts. TCL shall have no obligation to provide insurance for any of User’s personal property, or for fixtures or equipment which may be attached to or placed upon the TCL’s land.
18. TCL shall not be liable to the User for, and the User shall hold TCL harmless from, any and all claims, damages or losses caused by the acts or omissions of the User, its family, guests, invitees, employees, agents, representatives or servants, relating to or arising out of User’s use and enjoyment of the Tatu Airfield or the rights and privileges granted by any such authorization granted. TCL shall not be liable for any loss or damage, which the User may sustain from: theft or burglary in or about the Tatu Airfield premises; delay or interruption in any utility service from any cause whatsoever; fire, water, rain, frost, snow, gas, odours or fumes from any source whatsoever; any injury to any person or damage to any User’s property; or failure to keep the Tatu Airfield premises, appurtenances, fixtures and/or equipment in repair.
19. The User shall keep TCL indemnified against liability in respect of any accident or adverse incident during take-off or landing nor any liability for any damages, thefts of part or in full or any other incidents which may occur to any of your aircrafts while parked at Tatu Airfield. TCL is also indemnified against liability to third parties by reason of breach by User of its obligations under these Terms. By accepting these Terms You are also agreeing to indemnify and hold TCL harmless in case of any liability to third parties arising from your use of and parking at the Tatu Airfield.