Agreement to deincorporate the federal property known as Commercial Center No. 250 Vértiz, Fraction 3, from the Federal Public Domain regime and authorize its donation to Mexico City

DOF: 15/11/2023

AGREEMENT to deincorporate from the regime of public domain of the Federation, the federal property known as Commercial Center No. 250 Vértiz, Fraction 3, with an area of 704

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- FINANCE.- Secretariat of

Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- AD-016-2023.

AGREEMENT to deincorporate from the regime of public domain of the Federation, the

federal property known as "Commercial Center No. 250 Vértiz, Fraction 3", with an area

of 704.06

square meters, located at Avenida Doctor José María Vértiz number 543,

Colonia Narvarte

Oriente, Postal Code 03023, Benito Juárez Alcaldía, Mexico City, with Federal Real Estate Registry number 9-71331-1 and authorizing its donation in favor of Mexico City.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of the Secretariat of Finance and Public Credit, based on what is established in 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 X, 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

Secretariat of Finance and Public Credit and; 1, 3 fraction X, 4 fraction I, subsection a) and 6 fraction XXXIII of the

Regulations of the Institute of Administration and Appraisal of National Assets.

CONSIDERATIONS

FIRST.- That among the assets subject to the regime of public domain of the Federation, there is

the federal property known as "Commercial Center number 250 Vértiz, Fraction 3", located at

Avenida Doctor José María Vértiz number 543, Colonia Narvarte Oriente, Postal Code 03023, Alcaldía

Benito Juárez, Mexico City, with Federal Real Estate Registry number 9-71331-1 and area of 704.06

square meters, segregated from a larger property.

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, registered in the Federal Public Property Registry under Folio Real number 1227 on September 24, 1986, in which it was recorded

the donation made by Inmuebles Cuauhtémoc, S.A., in its capacity as donor and the Federal Government, as donee.

THIRD.- That by office number 401.4S.15-2022/1709 dated August 16, 2022, the Subdirectorate

of Catalog and Zones, attached to the National Coordination of Historical Monuments of the National Institute of

Anthropology and History, informed that the federal property subject of this Agreement, is not a historical

monument, does not border a historical monument and is not within a zone of historical

monuments.

FOURTH.- That by office number 1189-C/0934 dated August 17, 2022, the Directorate

of Architecture and Conservation of Immovable Artistic Heritage of the National Institute of Fine Arts and

Literature, informed that the federal property subject of this Agreement is not considered as

artistic monument or of artistic value.

FIFTH.- That according to the Single Certificate of Land Use Zoning with folio number

25752-151MAKA22 dated September 14, 2022, issued by the Directorate of Plans and

Programs Registry of the Secretariat of Urban Development and Housing of Mexico City, the property subject of the

present instrument is subject to zoning HC/4/20/Z (Residential with Commerce on Ground Floor, 4 maximum

levels of construction 20% minimum free area and Density "Z" = As indicated by the zoning of the

program. When it comes to minimum housing, each delegational program will define it, if applicable).

SIXTH.- That by office number SAF/DGPI/0184/2023 dated January 24, 2023, the Directorate

General of Real Estate Heritage of Mexico City requested the Institute of Administration and Appraisal of

National Assets the donation of the property subject of this Agreement, so that it continues to use it

as a Ventilation Shaft of the Deep Drainage System of Mexico City.

SEVENTH.- That the area, measurements and boundaries of the property subject of this Agreement are

recorded in topographic plan number LT-250-03 prepared at scale 1:100, approved and registered by the

Directorate of Public Registry and Real Estate Control, attached to the General Directorate of Policy and Real Estate

Management, under number DRPCI/7136/9-71331-1/2023/T on January 30, 2023 and certified on March 08

of 2023.

EIGHTH.- That by Public Deed number 10, book 2 of the Protocol of the Federal Real Estate

Heritage, dated March 1, 2023, granted before Lic. José María Morera González, Notary number

102 of Mexico City and of the Federal Real Estate Heritage, it was recorded the protocolization of the office of

exemption of authorization of subdivision number SEDUVI/DGPU/0195/2023, dated February 13, 2023,

relative to the larger property from which the property subject of this Agreement originates, to remain

with an area of 704.06 square meters, registered in the Federal Public Property Registry under

the Folios Reales numbers 154679 and 1227/7 both dated May 12, 2023.

NINTH.- That by Opinion dated September 11, 2023, the Directorate General of

Administration of 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 of the General

Law of National Assets and in numeral 118 of the Agreement by which the provisions are established in

matter of Material Resources and General Services, published in the Official Gazette of the Federation on July 16

of 2010 and last reform published in the same dissemination organ on April 05, 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 Dependency, Entity or Public Institution, different from the one using it, since

it is currently used as Ventilation Shaft number 4 of the central interceptor of the Water System of the

City of Mexico, so it does not appear as "available" in the Federal and Paraestatal Real Estate Information System.

TENTH.- That the Real Estate Utilization Committee of the Institute of Administration and Appraisal of

National Assets, in its Second Extraordinary Session 2023, held on October 6, 2023, approved the

agreement 06/2023 CAI, unanimously deciding to determine the actions for the best use and

utilization of the property subject of this Agreement, to grant it in donation in favor of the Government

of Mexico City, in accordance with what is established in article 84 fraction X of the General Law of

National Assets.

ELEVENTH.- That by office number DGPGI/706/2023 dated October 23, 2023, the Directorate

General of Policy and Real Estate Management, attached to this Institute of Administration and Appraisal of

National Assets, issued DAAD/2023/008, in which it concluded that the property subject of the present

Agreement is not cataloged as a good of common use, in accordance with what is established by the

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, so the actions of administration and

disposition established in the various fractions of the invoked article could be procedent.

Attending to the content of the office cited in this consideration, in the concrete case, it is

applicable the fraction X of article 84 of the General Law of National Assets.

TWELFTH.- That the legal documentation was duly integrated and compared with that which appears

in the Federal and Paraestatal Real Estate Information System.

THIRTEENTH.- That the Directorate General of Administration of Federal Real Estate Heritage of

this Institute, in accordance with what is provided 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 regime of public domain

of the Federation and the donation of the federal property subject of this Agreement. The legal documentation and

technical that supports the legal and administrative situation of the property, as well as of this agreement, appears in the

processing file integrated by said General Directorate.

That based on article 9 fraction XIV of the Regulations of the Institute of Administration and Appraisal of

National Assets, the Legal Unit reviewed and issued a favorable opinion 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 utilization, I have deemed it appropriate to issue the following:

AGREEMENT

FIRST.- It is deincorporated from the regime of public domain of the Federation and the donation in

favor of Mexico City is authorized, of the federal property known as "Commercial Center number 250 Vértiz",

Fraction 3", located at Avenida Doctor José María Vértiz number 543, Colonia Narvarte Oriente, Alcaldía

Benito Juárez, Mexico City, with Federal Real Estate Registry number 9-71331-1 and area of

704.06

square meters, in order for it to continue using it as a Ventilation Shaft of the Deep Drainage System of the

City of Mexico.

SECOND.- The Institute of Administration and Appraisal of National Assets will exercise on behalf of and

representation of the Federation, the corresponding acts to carry out the operation that is authorized.

THIRD.- If Mexico City ceases to use the property whose donation is authorized, gives it a

different use than that established in this Agreement, without the prior authorization of this Institute, or if it ceases to

need it, said property with all its improvements and accessions will revert to the patrimony of the Federation.

This precaution must be inserted in the title of property 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 Mexico City.

FIFTH.- The Institute of Administration and Appraisal of National Assets within the scope of its attributions

through the Directorate General of Administration of Federal Real Estate Heritage, will supervise the strict

compliance of this Agreement.

SIXTH.- If within the year following the entry into force of this Agreement, the

corresponding contract for the operation that is authorized has not been celebrated, for causes attributable to Mexico City,

determined by the Institute of Administration and Appraisal of National Assets, this Agreement will become void, this Institute must publish in the Official Gazette of the Federation a notice in which it gives to

know this circumstance, as well as notify it to Mexico City.

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

Mexico City, to November 01, 2023. - President of the Institute of Administration and Appraisal of

National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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