Agreement to Disincorporate Federal Properties Reforma 211 and Reforma 213 from the Public Domain and Authorize Their Sale

DOF: 22/02/2024

AGREEMENT to disincorporate from the regime of public domain of the Federation and authorize the ad corpus sale for valuable consideration, the federal properties named Reforma 211 and Reforma 213, with surfaces of 1,621.78 and 1,218.89 square meters and Federal Real Estate Registry numbers 9-5011-0 and 9-19895-1, located at Avenida Paseo de la Reforma numbers 211 and 213, Cuauhtémoc Neighborhood, Cuauhtémoc Borough, Mexico City, respectively.

A seal with the National Emblem is placed at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- AD-017-2024.

AGREEMENT to disincorporate from the regime of public domain of the Federation and authorize the ad corpus sale for valuable consideration, the federal properties named "Reforma 211" and "Reforma 213", with surfaces of 1,621.78 and 1,218.89 square meters and Federal Real Estate Registry numbers 9-5011-0 and 9-19895-1, located at Avenida Paseo de la Reforma numbers 211 and 213, Cuauhtémoc Neighborhood, Cuauhtémoc Borough, Mexico City, respectively.

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 1, 2 section I, 17, 26 and 31 sections XXIX and XXX of the Organic Law of the Federal Public Administration; 2 sections II, IV and VII, 3 section III, 4 paragraphs first and second, 6 section XXI, 11 section I, 13, 28 section I, 29 sections I, II and VI, 84 section I, 85, 88, 95 and 101 section VI, of the General Law of National Assets; 1, 4 section G, section V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit and 1, 3 section X, 4 section I, subsection a) and 6 section XXXIII, of the Regulations of the Institute of Administration and Appraisal of National Assets; and

CONSIDERING

FIRST. - That among the assets subject to the regime of public domain of the Federation, are the properties named "Reforma 211" and "Reforma 213", with surfaces of 1,621.78 and 1,218.89 square meters and Federal Real Estate Registry numbers 9-5011-0 and 9-19895-1, located at Avenida Paseo de la Reforma numbers 211 and 213, Cuauhtémoc Neighborhood, Cuauhtémoc Borough, Mexico City, respectively.

SECOND. - That the ownership of the properties referred to in the preceding Consideration is accredited through Public Deeds numbers 5 and 6, both dated October 5, 2001, granted before the authority of Lic. Carlos Alejandro Durán Loera, Holder of Public Notary Number 11 of the Federal District, now Mexico City and of the Federal Real Estate Heritage, currently Federal Real Estate Property, acting as substitute in the protocol of the Federal Real Estate Heritage of Notary Number 104, due to the absence of its holder Lic. José Ignacio Sentíes Laborde, registered in the Federal Property Registry under Real Folio numbers 64938 and 64939, respectively, both dated September 26, 2002.

THIRD. - That the measurements and boundaries of the properties are recorded in the following plans:

Avenida Paseo de la Reforma number 211, topographic plan number SC-540-2019, prepared at scale 1:200, approved and registered with number DRPCI/6482/9-5011-0/2019/T, on February 21, 2019 and certified on May 17, 2021, by the Public Registry and Real Estate Control Directorate, attached to the General Directorate of Real Estate Policy and Management of the Institute of Administration and Appraisal of National Assets. According to the topographic survey, it yielded a surface of 1,621.78 square meters, the property background indicates a surface of 1,648.65 square meters, which represents a deficit of 26.87 square meters, equivalent to 1.62%, which is within the 2% tolerance accepted by the Institute of Administration and Appraisal of National Assets, the above being due to the different measurement methods and equipment used.

Avenida Paseo de la Reforma number 213, topographic plan number SC-541-2019, prepared at scale 1:200, approved and registered with number DRPCI/6483/9-19895-1/2019/T on February 22, 2019 and certified on May 17, 2021, by the Public Registry and Real Estate Control Directorate, attached to the General Directorate of Real Estate Policy and Management of the Institute of Administration and Appraisal of National Assets. According to the topographic survey, it yielded a surface of 1,218.89 square meters, the property background indicates a surface of 1,200 square meters, which represents a difference of 18.89 square meters, in excess, equivalent to 1.57%, which is within the 2% tolerance accepted by the Institute of Administration and Appraisal of National Assets, the above being due to the different measurement methods and equipment used.

FOURTH. - That through letter number 1316-C/0706 of June 10, 2019, the National Institute of Fine Arts and Literature through the Directorate of Architecture and Conservation of Artistic Immovable Heritage, informed that the properties subject of this Agreement are not included in the "List of Properties with Artistic Value" of the National Institute of Fine Arts and Literature (INBAL) and are not adjacent to any property included in the aforementioned list.

FIFTH. - That through letter number 401.4S.15-2019/2204 of June 13, 2019, the National Institute of Anthropology and History through the National Coordination of Historical Monuments, informed that the properties subject of this Agreement are not Historical Monuments, do not border Historical Monuments and are not within a zone of Historical Monuments.

SIXTH. - That in compliance with the provisions of numeral 118 of the "Agreement establishing the provisions in Material Resources and General Services Matter", published in the Official Journal of the Federation on July 16, 2010 and its last reform of April 5, 2016, the Institute of Administration and Appraisal of National Assets, disseminated the characteristics of the properties to the dependencies and entities and other public institutions, through publication on the internet page as available for the provision of public service, in order to determine if it could be used, without any request for destination or donation having been received.

SEVENTH. - That the Real Estate Exploitation Committee (CAI) 2024 of the Institute of Administration and Appraisal of National Assets, in its Extraordinary First Session, held on January 18, 2024, determined the actions for the best use and exploitation of the properties subject of this Agreement through agreements numbers 03/2024 CAI and 04/2024 CAI, to grant them in sale for valuable consideration AD CORPUS, in accordance with what is established in article 84 section I of the General Law of National Assets.

EIGHTH. That through letters numbers DGPGI/083/2024 and DGPGI/084/2024, both dated January 30, 2024, the General Directorate of Policy and Real Estate Management communicated to the General Directorate of Administration of the Federal Real Estate Heritage of this Institute, the Appraisals for Acts of Administration and/or Disposition with numbers DAAD/2024/003 and DAAD/2024/004, respectively, in which it considered that the properties object of this Agreement, since they are not classified as assets of common use in accordance with what is established by article 7 of the General Law of National Assets, the normative hypothesis provided for in article 84 of the cited Law is fulfilled, so that the administration and disposition actions established in the various sections of the invoked article could be appropriate.

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

NINTH. - That the legal documentation was duly integrated and checked with that which is in the Federal and Parastatal Real Estate Information System.

TENTH. - That the General Directorate of Administration of the Federal Real Estate Heritage of this Institute, in accordance with what is provided by article 11, section V, of its Regulations, knew and reviewed from the technical-legal point of view, the disincorporation from the regime of public domain of the Federation and the authorization to sell the federal properties named "Reforma 211" and "Reforma 213".

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.

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

AGREEMENT

FIRST. -

The properties named "Reforma 211" and "Reforma 213", with surfaces of 1,621.78 and 1,218.89 square meters and Federal Real Estate Registry numbers 9-5011-0 and 9-19895-1, located at Avenida Paseo de la Reforma numbers 211 and 213, Cuauhtémoc Neighborhood, Cuauhtémoc Borough, Mexico City, respectively, are disincorporated from the regime of public domain of the Federation and their ad corpus sale for valuable consideration through public bidding is authorized.

SECOND. - The sale price will be covered by the acquirer in a single installment and cannot be lower than that determined for such effect by the Institute of Administration and Appraisal of National Assets, through the respective appraisal. If after the public bidding the property has not been sold, the provisions of article 85 of the General Law of National Assets will apply.

THIRD. -

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

FOURTH. -

The taxes, rights, fees and expenses that arise as a result of the operation that is authorized, will be covered by the acquirer in accordance with what is established in the respective legal provisions.

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

This Agreement will enter into force the day after its publication in the Official Journal of the Federation.

Mexico City, February 13, 2024. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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