Agreement Designating the Federal Property Torre Cenit to the Secretariat of Public Function

DOF: 31/05/2024

AGREEMENT designating to the Secretariat of Public Function the Federal Property known as Torre Cenit, with Federal Real Estate Registry 9-21105-1, with an area of 611.00 square meters, located at Viaducto Miguel Alemán number 105, Escandón Neighborhood, Postal Code 11800, Miguel Hidalgo Borough, Mexico City.

A seal bearing the National Emblem, which reads: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- DST-07/2024.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a Decentralized Administrative Body of the Secretariat 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 Secretariat 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; deem it appropriate to issue this agreement, 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 "Torre Cenit", with Federal Real Estate Registry 9-21105-1, with an area of 611.00 square meters, located at Viaducto Miguel Alemán number 105, Escandón Neighborhood, Postal Code 11800, Miguel Hidalgo Borough, Mexico City.

SECOND.- That the ownership of the federal property described in the preceding Consideration is evidenced by Donation Contract number CD-A-2021-01 dated June 30, 2021, in which the free, pure and simple Donation is recorded, celebrated by the Council for Tourism Promotion of Mexico S.A. de C.V., in liquidation, through its liquidator the Institute to Return to the People What Was Stolen (INDEP), in its capacity as Donor, in favor of the Federal Government, represented by the Secretariat of Finance and Public Credit through its Decentralized Administrative Body, the Institute of Administration and Appraisal of National Assets, a document registered in the Federal Property Registry under Folio Real number 88893/3, dated July 8, 2021.

THIRD.- That topographic plan number SFP TP 01_24, prepared at a scale of 1:150, approved and registered under number DRPCI/7249/9-21105-1/2024/T, on March 22, 2024 and certified on April 2, 2024, by the Directorate of Public Registry and Real Estate Control, records the area, measurements and boundaries resulting from the topographic survey of the property in question, being 617.308 square meters, resulting in an excess difference of 6.308 square meters, equivalent to 1.03%, a difference that is within tolerable limits according to the technical criterion contained in the document titled TECHNICAL SPECIFICATIONS AND REQUIREMENTS FOR THE PREPARATION OF PLANIMETRIC TOPOGRAPHIC PLANS WITH CADAstral INFORMATION, WHICH ARE MADE OF THE PROPERTIES THAT FORM PART OF THE FEDERAL AND PARA-STATE REAL ESTATE ASSETS, which is due to the difference in methods and measurement equipment used; however, the property does not lose its identity with respect to its property antecedent.

FOURTH.- That by letter number 1612-C/1216 dated September 25, 2023, the Directorate of Architecture and Conservation of Immovable Artistic Heritage of INBAL informed that the property subject to this instrument is not considered an artistic monument or of artistic value.

FIFTH.- That by letter number 401.4S.15-2023/2727 dated September 26, 2023, the National Coordination of Historical Monuments of INAH made known that the property subject to this instrument is not considered a Historical Monument, does not border a Historical Monument and is not located within a declared Historical Monuments Zone, therefore it is not subject to the jurisdiction and competence of that Institute.

SIXTH.- That by letters numbers 514/DGRMSG/1357/2023 and 514/DGRMSG/0423/2024 dated November 3, 2023 and March 21, 2024, the General Directorate of Material Resources and General Services of the Secretariat of Public Function requested that the Administrative Agreement for the Destination of the federal property subject to this instrument be granted, to use it as administrative offices.

SEVENTH.- That by means of the Unique Certificate of Land Use Zoning, with folio number 38117-151PAMA23 dated December 15, 2023, issued by the Secretariat of Urban Development and Housing of the Government of Mexico City, it was determined that the reference property or real estate applies the zoning: HM/10/40/M, which in its land use table allows the use of government office.

EIGHTH.- That by Administrative Act dated May 2, 2024, the physical, legal and administrative delivery was recorded, carried out by the General Director of Material Resources, Public Works and General Services and Real Estate Responsible of the Secretariat of Finance and Public Credit in favor of the Institute of Administration and Appraisal of National Assets, a Decentralized Administrative Body of this same Department, who in the same act receives and delivers it physically, legally and administratively to the Secretariat of Public Function, regarding the property described in the First Consideration of this instrument, who receives it under the same terms to its full satisfaction.

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 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 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 in the Federal and Para-State 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 deeming the present Agreement procedent.

For the foregoing 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 the 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 "Torre Cenit", located at Viaducto Miguel Alemán number 105, Escandón Neighborhood, Postal Code 11800, Miguel Hidalgo Borough, Mexico City, with Federal Real Estate Registry 9-21105-1, with an area of 611.00 square meters, is designated to the Secretariat of Public Function, to continue using it as administrative offices.

SECOND. If the Secretariat of Public Function gives the federal property designated to it a use different from that established by this Agreement, without prior authorization from the Secretariat 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 Secretariat of Public Function must apply to local and federal authorities for the obtaining of licenses, permits, authorizations or any other similar that is required.

FOURTH. The Secretariat of Public Function 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 grants the Secretariat of Public Function 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, 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, May 21, 2024. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños. - Rubric.

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