Agreement Designating the Federal Property Known as the SHCP Gallery to the Ministry of Finance and Public Credit

DOF: 06/09/2024

AGREEMENT designating to the Ministry of Finance and Public Credit the Federal Property known as the SHCP Gallery, with Federal Real Estate Registry 9-15560-4, with an area of 600

A seal with the National Emblem is placed at the margin, which reads: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- DST-10/2024.

AGREEMENT designating to the Ministry of Finance and Public Credit the Federal Property known as "SHCP Gallery", with Federal Real Estate Registry 9-15560-4, with an area of 600.00 square meters, located at Calle República de Guatemala number 8, Colonia Centro Histórico, Postal Code 06000, Cuauhtémoc Municipality, Mexico City.

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, first and second paragraphs, 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.- That among the assets subject to the public domain regime of the Federation, is the federal property known as "SHCP Gallery", with Federal Real Estate Registry 9-15560-4, with an area of 600.00 square meters, located at Calle República de Guatemala number 8, Colonia Centro Histórico, Postal Code 06000, Cuauhtémoc Municipality, Mexico City.

SECOND.- That the ownership of the federal property described in the preceding Consideration is accredited by the Deed dated October 3, 1989, in which the dation in payment celebrated in Mexico City, Federal District, currently Mexico City, is recorded, by which Mr. Augusto Zorrivas Romero in his double capacity as Legal Representative of Tomás Bernabé Fernández Gallegos, Executor of the Estate of Mr. Tomás Fernández Márquez and of the Company BARAGO, Variable Capital Anonymous Company, Mrs. Ma. del Pilar Gallegos de la Fuente Widow of Fernández and Mrs. Ma. del Pilar, José Antonio and Ma. Isabel Araceli surnamed Fernández Gallegos, grants in favor of the Federal Government, through the Ministry of Finance and Public Credit, represented by Licenciado Indalecio Sánchez Cortés, in his capacity as Director of Legal Procedures of the Federal Treasury, among others, the urban plot and construction located at Guatemala Street number 8, Colonia Centro, Cuauhtémoc Delegation, Postal Code 06020, Federal District, with an area of 600.00 square meters, document that is registered in the Federal Public Property Registry under Folio Real number 58364, dated February 27, 2001.

THIRD.- That topographic plan number TP-01-REPGUA, prepared at a scale of 1:100, registered under number DRPCPF 1539-2006-T/, on July 21, 2006 and certified on July 29, 2021, by the Directorate of Public Registry and Real Estate Control of the Institute of Administration and Appraisal of National Assets, records the area, measurements and boundaries resulting from the topographic survey of the property in question.

FOURTH.- That by letter number 401.4S.3-2021/0951 dated May 23, 2022, the National Coordination of Historical Monuments of INAH informed that the property is considered a historical monument with National File of the National Catalog of Immovable Historical Monuments number Key: 090060070589, and that this Administrative Unit has no objection to granting the use of the referred property, in favor of the Ministry of Finance and Public Credit, based on what is stated in Article 62 of the General Law of National Assets, stating that, "... it will be necessary that, in the case of carrying out any type of work or tasks on the property, the interested party must carry out the corresponding procedures at this Institute ...".

FIFTH.- That by means of the Unique Certificate of Land Use Zoning, with folio number 18313-151BARO22 dated July 11, 2022, issued by the Ministry of Urban Development and Housing of the Government of Mexico City, it was determined that the reference plot or property is subject to the zoning: HO/*/20, which in its land use table allows the use of government offices in general.

SIXTH.- That by letter number 712.2022.0581 dated November 17, 2022, the General Director of Material Resources, Public Works and General Services of the Ministry of Finance and Public Credit, requested the issuance of the Administrative Agreement of Destination of the federal property subject of this instrument, to continue using it as administrative offices.

SEVENTH.- That by letter number 0873-C/0620 dated June 19, 2023, the Directorate of Architecture and Conservation of Immovable Artistic Heritage of INBAL informed that the property subject of this instrument, "... is not included in the INBAL List of Properties with Artistic Value; however, it is adjacent to the properties located at Republic of Guatemala Street number 4 and 10, Colonia Centro, Cuauhtémoc Municipality, which are included in the INBAL List of Properties with Artistic Value. For the above, the protection of them is recommended in case of any physical intervention to be carried out on the property in question, likewise, it must previously have the approval of this federal regulatory dependency ...".

EIGHTH.- That by means of the Certificate of Alignment and/or Official Number dated October 13, 2023, issued by the Ministry of Urban Development and Housing of the Government of Mexico City, it was stated that the property subject of this Agreement is located at Republic of Guatemala Street number 8, Colonia Centro, Territorial Demarcation Cuauhtémoc, Mexico City, which is located in the "A" Heritage Zone of the Historic Center.

NINTH.- 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 that supports 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 Parastatal Real Estate Information System. Likewise, and based on Article 9, fraction XIV in relation to Article 11, fraction V of the Regulations of this Institute, the Legal Unit issued an opinion regarding the procedency 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 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 "SHCP Gallery", located at Calle República de Guatemala number 8, Colonia Centro Histórico, Postal Code 06000, Cuauhtémoc Municipality, Mexico City, with Federal Real Estate Registry 9-15560-4, with an area of 600.00 square meters, is designated to the Ministry of Finance and Public Credit, to continue using it as administrative offices.

SECOND. If the Ministry of Finance and Public Credit gives the federal property designated to it a use different from that established by this Agreement, without the prior authorization of 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 accessories will be withdrawn from 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 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, (specifically before INAH and INBAL, as it is a historical property and adjacent to properties with artistic value).

FOURTH. 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 may arise, 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 Ministry of Finance and Public Credit the right to use 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, August 19, 2024. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños. - Rubric.

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