Agreement Designating the Federal Property 'Almacén y Patio Fiscal Centauro' to the Tax Administration Service

DOF: 29/01/2025

AGREEMENT designating to the Tax Administration Service, a decentralized administrative body of the Ministry of Finance and Public Credit, the federal property known as "Almacén y Patio Fiscal Centauro", with an area of 10,560.00 square meters, located at Avenida José María Maytorena numbers 1578 and 1532, Colonia Parcela 62, Postal Code 21309, Municipality of Mexicali, State of Baja California, with Federal Real Estate Registry 2-2276-9.

A seal bearing the National Coat of Arms is placed aside, which reads: United Mexican States.- Finance.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- DST-01/2025.

AGREEMENT DESIGNATING TO THE TAX ADMINISTRATION SERVICE, A DECENTRALIZED ADMINISTRATIVE BODY OF THE MINISTRY OF FINANCE AND PUBLIC CREDIT, THE FEDERAL PROPERTY KNOWN AS "ALMACÉN Y PATIO FISCAL CENTAURO", WITH AN AREA OF 10,560.00 SQUARE METERS, LOCATED AT AVENIDA JOSÉ MARÍA MAYTORENA NUMBERS 1578 AND 1532, COLONIA PARCELA 62, POSTAL CODE 21309, MUNICIPALITY OF MEXICALI, STATE OF BAJA CALIFORNIA, WITH FEDERAL REAL ESTATE REGISTRY 2-2276-9.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a decentralized administrative body of the Ministry of Finance and Public Credit, based on the provisions of 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 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; and taking into account the following:

CONSIDERATIONS

FIRST.- Among the assets subject to the public domain regime of the Federation, is the federal property known as "Almacén y Patio Fiscal Centauro", with an area of 10,560.00 square meters, with Federal Real Estate Registry 2-2276-9, located at Avenida José María Maytorena numbers 1578 and 1532, Colonia Parcela 62, Postal Code 21309, Municipality of Mexicali, State of Baja California.

SECOND.- The ownership of the federal property described in the preceding Consideration is evidenced by the Donation Contract SAT-CD-2013-01 dated February 15, 2013, in which the free, pure and simple donation made by the Government of the State of Baja California in its capacity as donor in favor of the Federal Government as donee, regarding an area of 5,880.00 square meters, was recorded, registered in the Federal Property Public Registry under Real Folio number 145418, on November 11, 2014.

And by Donation Contract SAT-CD-2019-01 dated September 10, 2019, in which the free, pure and simple donation made by the Government of the State of Baja California in its capacity as donor in favor of the Federal Government as donee, regarding an area of 4,680 square meters, was recorded, registered in the Federal Property Public Registry under Real Folio number 153136, on August 17, 2020.

THIRD.- That topographic plan number TOP-02-MEXICALI-BC, prepared on a scale of 1:400, approved, and registered on June 8, 2011, under number DRPCPF-3675-2011-T/ and certified on June 15, 2011, by the then Directorate of Public and Cadastre Registry of Federal Property, which was attached to the then General Directorate of Federal Real Estate Assets of this Institute of Administration and Appraisal of National Assets, records the area, measurements and boundaries resulting from the topographic survey of the property subject to this Agreement, for a total area of 10,560.00 square meters.

FOURTH.- That by letter number 300 04 00 00 00 2024-049 dated February 9, 2024, the Central Administrator of Material Resources and Real Estate Coordinator of the Tax Administration Service, a decentralized administrative body of the Ministry of Finance and Public Credit, requested the issuance of the Administrative Agreement of Destination of the federal property subject to this Agreement, to continue using it as offices, warehouse and archive.

FIFTH.- That by Land Use Certificate with letter number DAU-CU-500-2024 dated May 23, 2024, the Head of the Urban Control Department of the H. XXIV City Council of Mexicali, Baja California, stated that the property subject to this Agreement corresponds to the land use " ... ADMINISTRATIVE OFFICES, WAREHOUSE AND ARCHIVE ... ".

SIXTH.- That by letter number 401.2C.1-2024/108 dated June 10, 2024, the Director of the INAH Center in Baja California of the National Institute of Anthropology and History, informed that the property subject to this Agreement, " ... DOES NOT HAVE THE QUALITY OF HISTORIC MONUMENT, IS NOT A PROPERTY (sic) ADJACENT TO ANY HISTORIC MONUMENT, NOR IS IT LOCATED IN A ZONE OF HISTORIC MONUMENTS. "

SEVENTH.- That by letter number DA0965/D097 dated July 8, 2024, the Director of Architecture and Conservation of Immovable Artistic Heritage of the National Institute of Fine Arts and Literature, informed that the property subject to this Agreement, " ... is not included in the INBAL List of Properties with Artistic Value; and is not adjacent to any construction included in the INBAL List of Properties with Artistic Value ... ".

EIGHTH.- That the General Directorate of Administration of Federal Real Estate Assets of the Institute of Administration and Appraisal of National Assets, in accordance with what is provided 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 supporting the legal and administrative situation of the property, as well as of this Agreement, is in the processing file integrated by said General Directorate and was duly compared with that which is in the Federal and Paraestatal Real Estate Information System. Likewise, based on article 9, fraction XIV in relation to article 11, fraction V of the Institute's Regulations, the Legal Unit issued an opinion deeming the present Agreement appropriate.

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 assets, 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 federal property known as "Almacén y Patio Fiscal Centauro", located at Avenida José María Maytorena numbers 1578 and 1532, Colonia Parcela 62, Postal Code 21309, Municipality of Mexicali, State of Baja California, with Federal Real Estate Registry 2-2276-9, with an area of 10,560.00 square meters, is designated to the Tax Administration Service, a decentralized administrative body of the Ministry of Finance and Public Credit, to continue using it as offices, warehouse and archive.

SECOND.- If the Tax Administration Service, a decentralized administrative body of the Ministry of Finance and Public Credit, gives the federal property designated to it a use different from that established by this Agreement, without prior authorization from 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 what is provided in 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 for the designated property, prior to their realization, the Tax Administration Service, a decentralized administrative body of the Ministry of Finance and Public Credit, must manage before local and federal authorities, the obtaining of licenses, permits, authorizations or any other similar that is required.

FOURTH.- The Tax Administration Service, a decentralized administrative body of the Ministry of Finance and Public Credit, must guard and supervise the property, being obliged to cover the necessary expenses for its conservation and maintenance, and other inherent services that, in their case, are generated, as well as the corresponding insurance against damage to the property, in accordance with what is provided in articles 32, fraction IV and 66 of the General Law of National Assets.

FIFTH.- The designation only confers upon the Tax Administration Service, a decentralized administrative body of the Ministry of Finance and Public Credit, the right to take advantage of the designated property for the authorized use, but does not transfer ownership of it, nor grants any real right over it, in accordance with what is provided in 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, through the General Directorate of Administration of Federal Real Estate Assets, will supervise the strict compliance with this Agreement.

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

Mexico City, on the 21st day of the month of January 2025. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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