Agreement to deincorporate federal property and authorize its contribution to Banco del Bienestar

DOF: 28/10/2024

AGREEMENT by which the federal public domain regime is deincorporated, and its contribution in favor of Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution, is authorized, for the federal property with an area of 704.40 square meters, named Commercial Center No. 250 "Vértiz" Fraction 2, located at Avenida Dr. José María Vértiz number 543, Narvarte Oriente Neighborhood, Postal Code 03023, Benito Juárez Alcaldía, Mexico City, with Federal Real Estate Registry number 9-71330-2.

A logo appears on the margin, which says: Institute of Administration and Appraisal of National Assets .- AD-016-2024.

AGREEMENT by which the federal public domain regime is deincorporated, and its contribution in favor of Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution, is authorized, for the federal property with an area of 704.40 square meters, named Commercial Center No. 250 "Vértiz" Fraction 2, located at Avenida Dr. José María Vértiz number 543, Narvarte Oriente Neighborhood, Postal Code 03023, Benito Juárez Alcaldía, Mexico City, with Federal Real Estate Registry number 9-71330-2.

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 the provisions of articles 1, 2 fraction I, 17, 26 and 31 fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2 fractions II, IV and VII, 3 fraction III, 4 paragraphs first and second, 6 fraction XXI, 11 fraction I, 28 fraction I, 29 fractions I, II and VI, 84 fraction VI, 95 and 101 fraction VI of the General Law of National Assets; 1, 4 section G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit and; 1, 3 fraction 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

CONSIDERING

FIRST.- That within the assets subject to the federal public domain regime, is the federal property with an area of 704.40 square meters, named Commercial Center No. 250 "Vértiz" Fraction 2, located at Avenida Dr. José María Vértiz Number 543, Narvarte Oriente Neighborhood, Postal Code 03023, Benito Juárez Alcaldía, Mexico City, with Federal Real Estate Registry 9-71330-2.

SECOND.- That the ownership of the property referred to in the preceding Consideration is accredited through Contract number 312.II.4.9-195, dated June 2, 1986, in which the free, pure and simple donation granted by Inmuebles Cuauhtémoc, S.A., in its capacity as donor and the Federal Government as donee, was recorded, registered in the Federal Property Public Registry under real folio number 1227 dated September 24, 1986.

THIRD.- That through official letter number 401.4S.15-2022/1709 dated August 16, 2022, the Subdirector of Catalog and Zones attached to the National Coordination of Historical Monuments of the National Institute of Anthropology and History, communicated that the property subject of this Agreement, "... is not a Historical Monument, does not border a Historical Monument and is not located within a Zone of Historical Monuments. "

FOURTH.- That through official letter number 1189-C/0934 dated August 17, 2022, the Director of Architecture and Conservation of Immovable Artistic Heritage of the National Institute of Fine Arts and Literature, informed that the property with Federal Real Estate Registry 9-16719-6 (of which the area subject of this Agreement was part), "... is not considered as artistic monuments (sic) or of artistic value".

FIFTH.- That through the Single Land Use Zoning Certificate with folio number 25752- 151MAKA22 dated September 14, 2022, the Certifier of the Directorate of Plans and Programs Registry of the Ministry of Urban Development and Housing of the Government of Mexico City, determined the applicable use for the property subject of this Agreement: Zoning E 4/25, HC 4/20/Z and HC 6/20/Z.

SIXTH.- That through minutes dated January 19, 2023, the provisional physical, legal and administrative delivery was recorded, carried out by the Institute of Administration and Appraisal of National Assets in favor of Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution, regarding the property subject of this Agreement, registered in the Federal Property Public Registry under real folio number 1227/5 dated April 26, 2023.

SEVENTH.- That the area, measurements and boundaries of the property subject of this Agreement are recorded in topographic plan number 1/1, prepared at scale 1:100, approved and registered on January 30, 2023, under number DRPCI/7135/9-71330-2/2023/T and certified on March 8, 2023, by the Directorate of Public Registry and Real Estate Control attached to the General Directorate of Policy and Real Estate Management of this Institute of Administration and Appraisal of National Assets.

EIGHTH.- That through Public Deed number 10, book 2 of the Protocol of the Federal Real Estate Heritage, dated March 1, 2023, granted before the notary of Licenciado José María Morera González, Holder of Public Notary number 102 of Mexico City and of the Federal Real Estate Heritage, the rectification of area, measurements and boundaries was recorded, as well as the protocolization of the official letter of exemption of authorization for subdivision number SEDUVI/DGPU/0195/2023, dated February 13, 2023, relative to the larger property from which the asset subject of this Agreement originates, to remain with an area of 704.40 square meters, registered in the Federal Property Public Registry under Real Folios numbers 154678 and 1227/7 both dated May 12, 2023.

NINTH.- That through official letter number DGAA/550/2023 dated November 10, 2023, the Deputy General Director of Administration and Real Estate Responsible of Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution, requested from the Institute of Administration and Appraisal of National Assets, the contribution to its assets of the property subject of this Agreement, so that it continues to use it as a bank branch.

TENTH.- That through Opinion dated June 10, 2024, the General Director of Administration of the Federal Real Estate Heritage, attached to this Institute of Administration and Appraisal of National Assets, ruled that it is not necessary to carry out the dissemination provided for in article 49 fraction II of the General Law of National Assets and in numeral 118 of the Agreement by which the provisions in matter of Material Resources and General Services are established, published in the Official Federal Gazette on July 16, 2010 and last reform published in the same dissemination organ on April 5, 2016, regarding the property subject of this Agreement, in virtue of that by its characteristics it is not suitable to be destined to the service of any other Dependence, Entity or Public Institution, different from the one that has been using it, since it is currently used as a bank branch of Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution, so it does not appear as "available" in the Federal and Paraestatal Real Estate Information System.

ELEVENTH.- That the Real Estate Exploitation Committee of this Institute of Administration and Appraisal of National Assets, in its Second Ordinary Session, held on June 20, 2024, approved agreement number 15/2024 CAI, agreeing to determine the actions for the best use and exploitation of the property subject of this Agreement, to grant it in contribution to the assets of entities and public institutions, in terms of article 84 fraction VI of the General Law of National Assets.

TWELFTH.- That through official letter number DGPGI/537/2024 dated July 11, 2024, the General Director of Policy and Real Estate Management, attached to the Institute of Administration and Appraisal of National Assets, issued the Opinion for Acts of Administration and/or Disposition with number DAAD/2024/ 010, in which it considered that the property subject of this Agreement is not cataloged as a common use asset, in accordance with what is established by article 7 of the General Law of National Assets, so the normative hypothesis provided for in article 84 of the Law of the matter is updated, for which reason, the actions of administration and disposition established in the various fractions of the invoked article could be procedent.

Attending to the content of the official letter cited in this consideration, in the concrete case, fraction VI of article 84 of the General Law of National Assets is applicable.

THIRTEENTH.- That the General Directorate of Administration of the Federal Real Estate Heritage of this Institute, in accordance with what is provided for by article 11, fraction V, of the Regulations of this Institute, knew and reviewed from the technical legal point of view, the deincorporation from the federal public domain regime and authorization for the contribution to the assets of Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution of the federal property named Commercial Center No. 250 "Vértiz" Fraction 2. 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 found in the Federal and Paraestatal Real Estate Information System.

Based on article 9 fraction XIV of the Regulations of the Institute of Administration and Appraisal of National Assets, the Legal Unit issued an opinion procedent regarding this Agreement; so that based on the considerations referred and being the purpose of the Federal Executive to give the federal real estate heritage the optimal exploitation, I have had to issue the following:

AGREEMENT

FIRST.- The federal property with an area of 704.40 square meters, named Commercial Center number 250 "Vértiz", Fraction 2, located at Avenida Dr. José María Vértiz number 543, Narvarte Oriente Neighborhood, Postal Code 03023, Benito Juárez Alcaldía, Mexico City, with Federal Real Estate Registry 9-71330-2, is deincorporated from the federal public domain regime, and its contribution to the assets of Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution, is authorized, so that it continues to use it as a bank branch.

SECOND.- The Institute of Administration and Appraisal of National Assets will exercise on behalf of and representing the Federation, the corresponding acts to carry out the operation that is authorized.

THIRD.- If Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution, ceases to use the property whose contribution to its assets is authorized, gives it a use different from that established in this Agreement, without the prior authorization of this Institute or well, leaves it in need, said property with all its improvements and accessions will revert to the assets of the Federation. This warning must be inserted in the property title that is issued for this effect.

FOURTH.- The taxes, rights, fees and expenses that arise as a result of the operation that is authorized, will be covered by Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution.

FIFTH.- The Institute of Administration and Appraisal of National Assets within the scope of its attributions through the General Directorate of Administration of the Federal Real Estate Heritage, will monitor the strict compliance of this Agreement.

SIXTH.- If within the year following the entry into force of this Agreement, the corresponding contract to the operation that is authorized has not been celebrated, for causes attributable to Banco del Bienestar, Sociedad Nacional de Crédito, Development Banking Institution, determined by the Institute of Administration and Appraisal of National Assets, this Agreement will become void, this Institute must publish in the Official Federal Gazette a notice in which this circumstance is made known, as well as notify said organism.

This Agreement will enter into force the day after its publication in the Official Federal Gazette.

Mexico City, October 21, 2024. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños. - Rubric.

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