Agreement Designating a Portion of the Acapulco Convention Center for the ISSSTE Hospital

DOF: 27/09/2023

AGREEMENT designating for the service of the Institute of Security and Social Services for State Workers, the fraction of 68,556

At the margin a seal with the National Coat of Arms, which says: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.

DST-09/2023

AGREEMENT designating for the service of the Institute of Security and Social Services for State Workers, the fraction of 68,556.2740 square meters, designated "Acapulco Convention Center Fraction", with Federal Real Estate Registry number 12-19690-3, which forms part of a federal property of greater extent, with a total surface area of 135,720.64 square meters, designated "Acapulco Convention Center or International Center for Shows and Conventions of Acapulco", located at Avenida Costera Miguel Alemán number 4455, Costa Azul Subdivision, Postal Code 39850, Municipality of Acapulco de Juárez, State of Guerrero.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of the Ministry of Finance and Public Credit, based on what is established in articles 2 fraction I, 17, 26, 31 fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2 fractions II, IV, V, VI and VII, 3 fraction III, 4 paragraphs first and second, 6 fraction XXI, 11 fraction I, 13, 28 fractions I, III and VII, 29 fractions I and V, 61, 62, 66, 70 and 101 fraction V of the General Law of National Assets; 4 section G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; and 1, 3 fractions VIII, IX and X, 4 fraction I, subsection a) and 6 fractions XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisal of National Assets; I deem it appropriate to issue this agreement, taking into account the following:

CONSIDERING

FIRST. - That within the assets subject to the public domain regime of the Federation, is the fraction of 68,556.2740 square meters, designated "Acapulco Convention Center Fraction", with Federal Real Estate Registry number 12-19690-3, which forms part of a federal property of greater extent, with a total surface area of 135,720.64 square meters, designated "Acapulco Convention Center or International Center for Shows and Conventions of Acapulco", located at Avenida Costera Miguel Alemán number 4455, Costa Azul Subdivision, 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 through 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 is recorded, which was made by the Bank of Mexico in favor of the Federal Government, which is registered in the Federal Property Registry under Folio Real number 80462/5 dated November 24, 2010.

THIRD. - That Topographic Plan number SC-595-2023, prepared at a scale of 1:1000, approved and registered on July 24, 2023 by the Directorate of Public Registry and Real Estate Control, under number DRPCI/7181/12-19690-3/2023/T and certified on July 26, 2023, records the surface area, measurements and boundaries of the fraction of the property in question.

FOURTH. - That through letter DAyF/140.1/0734/2023 dated May 17, 2023, the Director of Administration and Finances and Real Estate Manager of the Institute of Security and Social Services for State Workers, as well as the scope DAYF/SRMyS/1026/2023 of August 7, 2023, expressed its interest in obtaining the designation of the fraction of the reference property in its favor, for the construction of a Regional High Specialization Hospital of 250 beds, corresponding to the third level of care.

FIFTH. - That through letter number 401.4S.15-2023/1302 dated May 23, 2023, the Subdirection of Catalog and Historical Zones of the National Coordination of Historical 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 Historical Monument, does not border a Historical Monument and is not located within a Zone of Historical Monuments.

SIXTH. - That according to letter number DDUV/DPR/0577/2023 dated May 24, 2023, issued by the Directorate of Urban Development and Housing of the Constitutional City Council of Acapulco de Juárez, the property subject of this instrument is located in the strip designated (EU) URBAN EQUIPMENT, which is the zone that includes the following urban equipment: health, social assistance, communications, transport, education, culture, recreation, sport, public administration, urban services, commerce and supplies, considering several permitted land uses, highlighting:

CoT Tourist Corridor and CMx Mixed Centralities.

SEVENTH. - That through Delivery Act dated May 26, 2023, the Ministry of Finance and Public Credit, through the Institute of Administration and Appraisal of National Assets, made physical, legal, administrative and provisional delivery to the Institute of Security and Social Services for State Workers, regarding the fraction of the property subject of this Agreement.

EIGHTH. - That through 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 instrument does not have a Declaration of Artistic Monument, published through 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, works of the outstanding Architects Enrique García Formentí, Pedro Moctezuma, Alberto González Pozo and Jaime Nanclares, destined since its origin to a Convention Center, of Modern architectural style.

NINTH. - That the General Directorate of Administration of Federal Real Estate Heritage of the Institute of Administration and Appraisal of National Assets, in accordance with what is provided for in article 11 fraction V, of the Regulations of this Institute, knew and reviewed from a 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 compared with that which is in the Federal and Paraestatal Real Estate Information System.

Likewise, and based on article 9 fraction XIV in relation to article 11, fraction V of the Institute's Regulations, the Legal Unit issued an opinion regarding the procedure of this Agreement.

For the above 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 heritage, prioritizing public institutions of different levels of Government with federal properties for the provision of public services under their charge, I have deemed it appropriate to issue the following:

AGREEMENT

FIRST. - The fraction of 68,556.2740 square meters, designated "Acapulco Convention Center Fraction", with Federal Real Estate Registry number 12-19690-3, which forms part of a federal property of greater extent, with a total surface area of 135,720.64 square meters, designated "Acapulco Convention Center or International Center for Shows and Conventions of Acapulco", located at Avenida Costera Miguel Alemán number 4455, Costa Azul Subdivision, Postal Code 39850, Municipality of Acapulco de Juárez, State of Guerrero, is designated for the construction of a Regional High Specialization Hospital of 250 beds, corresponding to the third level of care.

SECOND.- If the Institute of Security and Social Services for State Workers gives the fraction of the federal property that is designated, a use different from that established by this Agreement, without the prior authorization of the Ministry of Finance and Public Credit, through the Institute of Administration and Appraisal of National Assets; or if it ceases to use or need it, said asset 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 the event that construction, reconstruction, modification, adaptation, conservation, maintenance, repair and demolition works are planned on the fraction of the designated property, prior to its realization, the Institute of Security and Social Services for State Workers 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 Institute of Security and Social Services for State Workers must safeguard and monitor the fraction of the property, being obliged to cover the necessary expenses for its conservation and maintenance, and other inherent services that, if any, are generated, as well as the corresponding insurance against damage to the property, in accordance with what is established in fraction IV of article 32 and 66 of the General Law of National Assets.

FIFTH. - The designation only confers upon the Institute of Security and Social Services for State Workers, the right to take advantage of the fraction of the designated property for the authorized use, but does not transmit the ownership of it 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 Appraisal of National Assets, within the scope of its attributes, will monitor the strict compliance of this Agreement.

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

Mexico City, on the 19th day of the month of September 2023. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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