Agreement Allocating a 67,164.3680 Square Meter Fraction of the Federal Property Known as Acapulco Convention Center to the Government of the State of Guerrero

DOF: 12/19/2023

AGREEMENT allocating to the service of the Government of the State of Guerrero, the fraction of 67,164

On the margin a seal with the National Shield, stating: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisals of National Assets.- DST-13/2023.

AGREEMENT allocating to the service of the Government of the State of Guerrero, the fraction of 67,164.3680 square meters of federal property denominated "Acapulco Convention Center or Acapulco International Entertainment and Convention Center", with Federal Real Estate Registry number 12-19548-8, which is part of a federal property of greater extension, with total surface area of 135,720.64 square meters, located at Avenida Costera Miguel Alemán number 4455, Fraccionamiento Costa Azul, Postal Code 39850, Municipality of Acapulco de Juárez, State of Guerrero.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisals of National Assets, Decentralized Administrative Body of the Secretariat of Finance and Public Credit, based on the provisions of Articles 2 Section I, 17, 26, 31 Sections XXIX and XXX of the Organic Law of the Federal Public Administration; 2 Sections II, IV, V, VI and VII, 3 Section III, 4 first and second paragraphs, 6 Section XXI, 11 Section I, 13, 28 Sections I, III and VII, 29 Sections I and V, 61, 62, 66, 70 and 101 Section V of the General Law of National Assets; 4 Section G, Section V, 48 and 49 of the Internal Regulations of the Secretariat of Finance and Public Credit; and 1, 3 Sections VIII, IX and X, 4 Section I, subsection a) and 6 Sections XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisals of National Assets; I have deemed fit to issue this agreement, taking into account the following:

C O N S I D E R A T I O N S

FIRST. - That within the assets subject to the public domain regime of the Federation, is the fraction of 67,164.3680 square meters denominated "Acapulco Convention Center or Acapulco International Entertainment and Convention Center", with Federal Real Estate Registry number 12-19548-8, which is part of a federal property of greater extension, with total surface area of 135,720.64 square meters, located at Avenida Costera Miguel Alemán number 4455, Fraccionamiento Costa Azul, Postal Code 39850, Municipality of Acapulco de Juárez, State of Guerrero.

SECOND. - That the ownership of the federal property described in the preceding Consideration, is accredited by contract number CD-A 18/2010 dated November 19, 2010, in which the free, pure and simple donation of a surface area of 135,720.64 square meters, made by the Bank of Mexico in favor of the Federal Government, is recorded, which is registered in the Public Registry of Federal Property under Real Folio number 80462/5 dated November 24, 2010.

THIRD. - That the Topographic Plan number SC-599-2023, prepared at scale 1:1000, approved and registered on November 10, 2023, by the Directorate of Public Registry and Real Estate Control, under number DRPCI/7222/12-19548-8/2023/T and certified on December 04, 2023, records the surface area, measurements and boundaries of the fraction of the property in question.

FOURTH. - That by means of Official Letter number 401.4S.15-2023/1302 dated May 23, 2023, the Deputy Directorate of Catalog and Zones of the National Coordination of Historic Monuments of the National Institute of Anthropology and History, made known that the property described in the First Consideration of this Agreement, is not a Historic Monument, does not border a Historic Monument and is not located within a Historic Monuments Zone.

FIFTH. - That according to Official Letter number DDUV/DPR/0577/2023 dated May 24, 2023, issued by the Directorate of Urban Development and Housing of the Honorable Constitutional City Council of Acapulco de Juárez, State of Guerrero, the property subject of this Agreement, is located in the strip denominated (EU) URBAN FACILITIES, is the zone that includes the following urban facilities: health, social assistance, communications, transport, education, culture, recreation, sports, public administration, urban services, commerce and supplies, considering several permitted land uses, highlighting: (CoT) Tourist Corridor and (CMx) Mixed Centralities.

SIXTH. - That by means of Official Letter number CJ/567/2023 dated May 31, 2023, the Legal Counselor of the Executive Branch of the Government of the State of Guerrero, expressed its interest in obtaining in its favor the allocation of the fraction of the reference property, for the development of touristic, cultural and sports projects that promote economic growth and sustainable development of that Entity.

SEVENTH. - That by means of Delivery Record dated June 09, 2023, the Secretariat of Finance and Public Credit, through the Institute of Administration and Appraisals of National Assets, made physical, legal, administrative and provisional delivery to the Government of the State of Guerrero, regarding the surface area of 65,720.64 square meters, of the property subject of this Agreement, remaining registered in the Public Registry of Federal Property, under real folio 80462/12 on July 13, 2023.

EIGHTH. - That by Official Letter number 0845-C/0594 dated June 14, 2023, the Directorate of Architecture and Conservation of Immovable Artistic Heritage of the National Institute of Fine Arts and Literature, informed that the property object of this Agreement, does not have a Declaration of Artistic Monument, published by means of Decree Published in the Official Gazette of the Federation, however, due to the urban and architectural characteristics it presents, as well as its construction era, it is included in the INBAL List of Properties with Artistic Value, work of the distinguished Architects Enrique García Formentí, Pedro Moctezuma, Alberto González Pozo and Jaime Nanclares, destined from its origin to Convention Center, of Modern architectural style.

NINTH. - That the General Directorate of Administration of Federal Real Estate Assets of the Institute of Administration and Appraisals of National Assets, in accordance with the provisions of Article 11 Section V, of the Regulations of this Institute, knew and reviewed from the technical legal point of view, the operation that is authorized. The legal and technical documentation that supports the legal and administrative situation of the fraction of the property, as well as of this Agreement, is in the processing file integrated by said General Directorate and was duly integrated and checked with that existing in the Federal and Parastatal Real Estate Information System.

Likewise, and based on Article 9 Section XIV in relation to Article 11, Section V of the Regulations of the Institute, the Legal Unit issued a favorable opinion regarding this Agreement.

Therefore and in accordance with the provisions established in Articles 61, 62, 66 and 70 of the General Law of National Assets, and being the purpose of the Federal Executive the optimal use of federal real estate assets, privileging public institutions of the different levels of Government with federal properties for the provision of public services under their charge, I have deemed fit to issue the following:

A G R E E M E N T

FIRST. - Is allocated the fraction of 67,164.3680 square meters, denominated "Acapulco Convention Center or Acapulco International Entertainment and Convention Center", with Federal Real Estate Registry number 12-19548-8, which is part of a federal property of greater extension, with total surface area of 135,720.64 square meters, located at Avenida Costera Miguel Alemán number 4455, Fraccionamiento Costa Azul, Postal Code 39850, Municipality of Acapulco de Juárez, State of Guerrero, to the Government of the State of Guerrero, for the development of touristic, cultural and sports projects that promote economic growth and sustainable development in the Entity.

SECOND.- If the Government of the State of Guerrero, gives to the fraction of the federal property that is allocated, a use different from that established by this Agreement, without the prior authorization of the Secretariat of Finance and Public Credit, through the Institute of Administration and Appraisals of National Assets; or else, leaves it unused or no longer needs it, said property with all its improvements and accessions will be withdrawn from its service to be administered directly by this Institute, in accordance with Article 68 of the General Law of National Assets.

THIRD. - In case construction, reconstruction, modification, adaptation, conservation, maintenance, repair and demolition works are planned on the fraction of the allocated property, prior to their realization the Government of the State of Guerrero, must manage before the authorities of the corresponding levels of government the obtaining of licenses, permits, authorizations or any other similar that is required.

FOURTH. - The Government of the State of Guerrero, must custody and monitor the fraction of the property, being obliged to cover the necessary expenses for its conservation and maintenance, and other inherent services that, where applicable, are generated, as well as the corresponding insurance against damages of the property, in accordance with the provisions of Section IV of Article 32 and 66 of the General Law of National Assets.

FIFTH. - The allocation only confers to the Government of the State of Guerrero, the right to use the fraction of the allocated property for the authorized use, but does not transfer ownership of the same nor grants any real right over it, in accordance with Article 70 of the General Law of National Assets.

SIXTH. - The Institute of Administration and Appraisals of National Assets, within the scope of its attributes, will monitor the strict compliance of this Agreement.

This Agreement shall enter into force the day following its publication in the Official Gazette of the Federation.

Mexico City, on the 11th day of the month of December 2023.- President of the Institute of Administration and Appraisals of National Assets, Víctor Julián Martínez Bolaños .- Signature.

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