2025-05-23 | DOF 5758093

Added

Declaration of Rescue of Concession for Public Utility and Interest for "Parque Bicentenario" from Operadora de Proyectos de Entretenimiento NLP, S.A. de C.V.

This document is a declaration of rescue, for reasons of public utility and interest, of the concession title granted to Operadora de Proyectos de Entretenimiento NLP, S.A. de C.V. for the use and exploitation of the federal property known as "Parque Bicentenario". The concession, originally granted on March 1, 2018, and modified on January 17, 2019, is terminated. The property will now be destined to the Secretariat of Culture to develop cultural projects, ensuring the human right to culture and promoting urban regeneration and sustainable development.

Secretaria de Hacienda y Credito Publico logo

Mexico

Secretaria de Hacienda y Credito Publico

Click to view thumbnail

If the document appears incomplete on the right margin, it is because it contains tables that exceed the predetermined width. If this is the case, click here to view it correctly.

Official Gazette of the Federation: 23/05/2025

DECLARATION of rescue for reasons of public utility and interest of the Concession Title granted to the legal entity "Operadora de Proyectos de Entretenimiento NLP, S

On the margin a seal with the National Coat of Arms, which reads: United Mexican States.- Treasury.- Secretariat of Finance and Public Credit.-

Institute of Administration and Appraisals of National Assets.

DECLARATION OF RESCUE FOR REASONS OF PUBLIC UTILITY AND INTEREST OF THE CONCESSION TITLE GRANTED TO THE LEGAL ENTITY "OPERADORA DE PROYECTOS DE ENTRETENIMIENTO NLP, S.A. DE C.V.", FOR THE USE, ENJOYMENT AND EXPLOITATION OF THE FEDERAL PROPERTY KNOWN AS "PARQUE BICENTENARIO", WITH FEDERAL REAL ESTATE REGISTRY 9-20863-7, LOCATED AT AVENIDA 5 DE MAYO, NUMBER 290, COLONIA SAN LORENZO TLALTENANGO, MIGUEL HIDALGO BOROUGH, CP. 11210, MEXICO CITY.

PABLO ISRAEL ESCALONA ALMERAYA, President of the Institute of Administration and Appraisals of National Assets, a Deconcentrated Administrative Body of the Secretariat of Finance and Public Credit, pursuant to the provisions of articles 1, 2, 4 and 27 of the Political Constitution of the United Mexican States, in exercise of the power conferred upon me by articles 1; 2, section I; 17; 26, section VI; 31, sections XXIX and XXX of the Organic Law of the Federal Public Administration; 1; 2, sections II, IV and VII; 3, section III, 6, sections VI, XXI and XXII, 7, section XIII, 8; 13; 19; 28, sections I and VII; 29, sections V and XXII; 61; 74, section V and 101, sections V and X of the General Law of National Assets; 4, Section G, section V; 48 and 49 of the Internal Regulations of the Secretariat of Finance and Public Credit; 1; 3, sections VIII, IX, X and XXXI; 4, section I, subsection a) and 6, sections XXXII and XXXIII of the Regulations of the Institute of Administration and Appraisals of National Assets, and Clause Fifteenth, section VI of Concession Title Number TC-05/2018/A; and

WHEREAS

  1. That the nation is the owner of its real estate, as established by article 27 of the Political Constitution of the United Mexican States. This constitutional precept protects all real estate subject to the federal public domain regime, which must primarily be used for the fulfillment of the State's functions for the benefit of society, whether used in the provision of services or in the performance of the activities proper to public institutions.

  2. That among the properties owned by the nation is the federal property known as "Parque Bicentenario", located at Av. 5 de mayo number 290, Col. San Lorenzo Tlaltenango, Miguel Hidalgo borough, C.P. 11210, Mexico City, which is subject to the federal public domain regime, in accordance with the provisions of articles 3, 4 and 6 of the General Law of National Assets.

  3. That the federal property known as "Parque Bicentenario" has an area of 550,147.74 square meters, and is registered in the Federal Public Property Registry under Real Folios: 91460, 91461, 91462, 91463 and 91464, with Federal Real Estate Registry 9-20863-7, which has the Topographic Plan approved and registered on February 1, 2018, under number DRPCI/6170/9-20863-7/2018/T; by the Directorate of Public Registry and Real Estate Control, attached to the General Directorate of Real Estate Policy and Management of the Institute of Administration and Appraisals of National Assets, with the same parameters indicated.

  4. That derived from the modification to Concession Title number N° TC-05/2018/A-1, plan DRPCI/6390/9-20863-7/2018/T was prepared on December 6, 2018, whose topographic survey resulted in an area of 550,150.00 square meters, with a difference of 2.26 square meters, so the property does not lose its identity, as it is considered within the tolerance limits allowed by the Institute of Administration and Appraisals of National Assets, in accordance with the technical specifications and requirements for the preparation of topographic and cadastral plans.

  5. That in accordance with article 16 of the General Law of National Assets, the Mexican State may grant concessions over real estate subject to the federal public domain regime, without this circumstance granting real rights in favor of the concessionaires, since public domain assets are inalienable, imprescriptible, unseizable and are not subject to reivindicatory action or definitive or provisional possession.

  6. That in accordance with the powers conferred by articles 72 of the General Law of National Assets and 11 of the Regulations of the Institute of Administration and Appraisals of National Assets, on March 1, 2018, the Institute of Administration and Appraisals of National Assets, a Deconcentrated Administrative Body of the Secretariat of Finance and Public Credit, granted concession N° TC-05/2018/A, in favor of the legal entity OPERADORA DE PROYECTOS DE ENTRETENIMIENTO NLP S.A DE C.V., the federal property known as "Parque Bicentenario 2010", now "Parque Bicentenario" with Federal Real Estate Registry 9-20863-7, located at Avenida 5 de mayo, number 290, colonia San Lorenzo Tlaltenango, Miguel Hidalgo borough, C.P. 11210, Mexico City, for an area of 95,200.00 square meters, which is composed of a) green area 1; b) green area 2; c) brick building, and; d) grand auditorium, "as well as the parking lot, food and beverages; all this, for the use, enjoyment and exploitation of a larger area of 550,147.74 square meters, an area in which the four aforementioned fractions are located", and a validity of twenty-five years, which also, in clause fifteenth, section VI establishes the Declaration of rescue as a cause for termination of the concession.

  7. That on January 17, 2019, by means of modifying instrument N° TC-05/2018/A-1, it was considered that the concessioned area of the federal property known as "Parque Bicentenario" with Federal Real Estate Registry 9-20863-7, located at Avenida 5 de mayo, number 290, colonia San Lorenzo Tlaltenango, Miguel Hidalgo borough, C.P. 11210, Mexico City, was 108,366.08 square meters and that it is composed of a) green area 1; b) green area 2; c) brick building; d) grand auditorium; e) green area 3; f) magnolia garden; g) lake esplanade, and h) cafeteria, "as well as the parking lot, food and beverages; all this, for the use, enjoyment and exploitation of a larger area of 550,147.74 square meters, an area in which the eight aforementioned fractions are located".

  8. That on May 9, 2025, the Secretariat of Culture, through its General Directorate of Administration, requested by official letter UAF/DGA/0100/2025, to the Institute of Administration and Appraisals of National Assets, that the federal property known as "Parque Bicentenario" be allocated to that dependency, in attention to reasons of public utility and interest, in which it substantially specifies that the park is of interest to it to develop a cultural project, which guarantees the human right to culture for all people, under the principle of equality and non-discrimination.

I. It indicates that the property is located on the land that at the time was occupied by the 18 de Marzo Refinery of Petróleos Mexicanos, which operated from 1933 until its closure in 1991, due to the high levels of contamination it generated in the area and in the Valley of Mexico.

II. On May 22, 2007, through gratuitous donation contract number CD-A-003/2007, Petróleos Mexicanos ceded the land to the Federal Government. In that same year, environmental remediation work began, considered among the most important worldwide, to transform the contaminated area into an ecological space suitable for recreation.

III. The "Parque Bicentenario" was inaugurated on November 7, 2010, as part of the celebrations for the Bicentennial of Mexico's Independence. With an area of 55 hectares, which is ten times larger than the Plaza de la Constitución and is considered the second largest green lung in the city.

IV. The park's design was carried out by landscape architect Mario Schjetnan and his multidisciplinary team. The space recreates seven representative ecosystems of Mexico and includes an experimental chinampa, an artificial lake, an orchidarium, an auditorium, a brick building adapted as a museum, and various sports facilities.

V. The "Parque Bicentenario" is divided into five thematic gardens: Wind, Water, Nature, Sun and Earth. In addition, it has an oak plaza, magnolias and an extensive lake.

VI. The foregoing, as the Secretariat of Culture is the Federal Executive Branch dependency responsible for promoting, preserving, disseminating and developing the country's culture and cultural heritage, in addition, among its functions in terms of what is established by article 41 Bis of the Organic Law of the Federal Public Administration, are:

  • Preservation of cultural heritage: Protects archaeological sites, historical monuments, popular traditions, indigenous languages and intangible cultural expressions;
  • Promotion of the arts: Supports artists, creators and cultural promoters through scholarships, incentives, contests and artistic development programs;
  • Management of cultural institutions: Administers museums, libraries, theaters, cultural centers and historical archives;
  • Access to culture: Implements programs that seek to bring culture closer to all social sectors, especially marginalized communities or those with limited access;
  • Coordination with other levels of government and international organizations: Collaborates with state and municipal governments and multilateral organizations to strengthen the country's cultural policy;
  • Development of public cultural policies: Designs and promotes policies aimed at sustainable cultural development, diversity and inclusion, and
  • Cultural promotion abroad: Through cultural diplomacy, promotes Mexico's presence in international events, exhibitions, book fairs, festivals, among others.

VII. For the fulfillment of its functions, it has various Administrative Units, Deconcentrated Administrative Bodies, Trusts and Coordinated Parastatal Entities, which contribute to the promotion, dissemination and guarantee of cultural rights.

VIII. Therefore, the Secretariat of Culture states that it has all the powers and attributions for the property called "Parque Bicentenario" to be allocated to it, since cultural offerings will be developed and expanded there, not only for an area of the City but for the entire Country.

IX. In addition, it states that, in order to justify, in technical and legal terms, the viability and relevance of allocating the property to the Secretariat of Culture, located in the Miguel Hidalgo borough, Mexico City, for the implementation and development of permanent cultural projects, it states that:

a. It seeks to guarantee the exercise of cultural rights, promote urban regeneration and contribute to sustainable development and appropriation of public space, as well as have a greater cultural and educational offer, which allows for a space that benefits the community and the promotion and dissemination of culture.

b. Regarding International Legislation, it states that the Universal Declaration of Human Rights establishes in its article 27, numeral 1, that "everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits."

c. The International Covenant on Economic, Social and Cultural Rights recognizes in its articles 12 and 15 "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health", as well as, "the right of everyone to take part in cultural life."

d. The Convention on the Rights of the Child, in its article 31, numeral 2, provides that "States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity."

e. For its part, the Convention on the Rights of Persons with Disabilities in its article 30, establishes their participation in cultural life, recreational activities, leisure and sport, in addition, that States Parties recognize the right of persons with disabilities to participate, on an equal basis with others, in cultural life.

f. Likewise, the Convention on the Elimination of All Forms of Discrimination against Women, in its article 13, subsection c), provides that "States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular, the right to participate in recreational activities, sports and all aspects of cultural life."

g. Within the Sustainable Development Goals of the 2030 Agenda, objective 11 "Sustainable Cities and Communities" is noted, providing as one of its goals universal access to safe, inclusive and accessible green and public spaces, in particular for women and children, older persons and persons with disabilities. In this framework, public cultural spaces are an essential component of inclusive urban development.

h. Regarding National Legislation, the Secretariat of Culture explains that the Mexican Constitution establishes in its article 1 the state obligations regarding human rights, among which the promotion and dissemination of these stand out. Likewise, article 4 recognizes the human right to culture, obliging the State to guarantee its access through adequate, accessible and functional public spaces, as well as the recovery of public space for the enjoyment of the Mexican people.

i. Similarly, the General Law of Culture and Cultural Rights establishes in its article 6, that it is the responsibility of State institutions to establish public policies, create institutional means, use and maintain physical infrastructure and apply financial, material and human resources to make the exercise of cultural rights effective; in article 11, section I, it provides for the State's obligation to guarantee access to cultural goods and services provided by the State in this area. For this purpose, in its article 12, section IX, it establishes the power to use cultural infrastructure, with adequate spaces and services to make intensive use of it. The foregoing, in accordance with article 13, with the purpose of conferring sustainability, inclusion and social cohesion to public policy based on criteria of relevance, opportunity, quality and availability.

j. Likewise, in accordance with the provisions established in articles 61, 62, 66 and 70 of the General Law of National Assets, it is the purpose of the Federal Executive to optimize the use of federal real estate assets, prioritizing public institutions of the different levels of government with federal real estate for the provision of public services under their charge.

k. For its part, the National Development Plan 2025-2030, determines in its Objective 2.5 to guarantee the right to culture with inclusion and diversity, in Strategies 2.5.1 to 2.5.4 it mentions cultural offerings, the protection of documentary, artistic, paleontological heritage, among others, as well as support for indigenous artisans. Objective 2.6 establishes strengthening the link between education and culture from childhood. Objective T3.5 refers to the preservation, development and safeguarding of the cultural heritage of indigenous and Afro-Mexican peoples and in Strategies T3.5.1 to T3.5.5 it refers to the protection of tangible and intangible heritage, languages, traditional knowledge, traditional medicine, among others.

l. In this sense, the "Parque Bicentenario" meets the ideal characteristics indicated by current and applicable regulations, to establish in it a space that satisfies cultural needs as long as its public nature is not compromised and other fundamental rights are not affected, which is guaranteed by being destined for cultural projects in favor of the community and under the direction of the Secretariat of Culture.

m. In relation to the right of the people to participate in cultural life, it affirms that cultural rights are an integral part of human rights and, like others, are universal, indivisible and interdependent. Their full promotion and respect are essential to maintain human dignity and for the positive social interaction of individuals and communities in a world characterized by diversity and cultural plurality.

n. For Mexican men and women to have access to their right to participate in cultural life, it is necessary for the State not only to refrain from interfering in the exercise of cultural practices, but also to take the necessary positive measures to ensure that there are prior conditions that allow participation in cultural life, promote and facilitate it, as well as provide access to cultural goods and preserve them.

o. In this sense, participation in cultural life includes, in particular, the right of every person to act freely; to choose their own identity; to identify or not with one or more communities, or to change their mind; to participate in the political life of society; to exercise their own cultural practices and to express themselves in the language of their choice. Everyone also has the right to seek, develop and share with others their cultural knowledge and expressions, as well as to act creatively and take part in creative activities.

p. In addition, the full realization of the right of every person to participate in cultural life requires the existence of elements such as "availability" and "accessibility". Availability means the presence of cultural goods and services that the entire population can enjoy and take advantage of, in particular, libraries, theaters, cinemas and sports stadiums; as well as shared open spaces essential for cultural interaction, such as parks and public squares. Accessibility refers to having effective and concrete opportunities for individuals and communities to fully enjoy a culture that is physically and financially accessible to all, in urban and rural areas, without discrimination.

q. Regarding the cultural project, it reports that it is of utmost importance to highlight the excellent location of the "Parque Bicentenario" for the development of a space dedicated to culture, as well as for developing cultural projects. Although it is located within the Miguel Hidalgo borough, the truth is that it borders the Azcapotzalco borough, areas that are distant from spaces dedicated to the dissemination and promotion of culture, which will expand access to culture in the metropolitan area.

X. For the Secretariat of Culture, the "Parque Bicentenario" is optimal for the development of cultural projects, for the following reasons:

a. Strategic Location and Accessibility. The "Parque Bicentenario" is located on the northern limit of the Miguel Hidalgo borough, where it borders the Azcapotzalco borough. Regarding its location in the context of the Metropolitan Area of the Valley of Mexico, the property is located in the center of it, within a highly urbanized area, which gives it a strategic location.

b. Infrastructure and landscape design. With outdoor forums, walkways, thematic gardens and an artificial lake, it is suitable for cultural activities.

c. Social and Community Impact. Free access to cultural activities will foster social cohesion, inclusion and emotional well-being of the population, as well as the procurement and maintenance of public peace.

d. The incorporation of diverse cultural expressions in this park can reduce inequality in access to cultural goods and services in the northwest area of Mexico City.

e. Sustainability and Cultural and Environmental Education. The park can become a cultural-environmental hub, with exhibitions, workshops and activities that strengthen both cultural and ecological education from an interdisciplinary perspective, in which the entire park space can be used in an integral and multidisciplinary way for the benefit and in favor of the community, seeking the conservation of natural elements and public property, in defense of the community.

f. In addition, as it is responsible for elaborating and conducting national policy on culture, it points out the following thematic axes that support the cultural project:

Thematic AxisDescription
National cultural policyObjective: This axis is directly linked to the attributions of the Secretariat of Culture, since it defines and coordinates national policy on culture. Likewise, equitable access to cultural goods and services throughout the country will be promoted.
Participating areas or administrative unitsOffice of the Secretariat (Responsible for determining, directing and coordinating the policies of the Secretariat of Culture, as well as establishing development policies for sectorized parastatal entities and coordinating the evaluation of their results); Undersecretariat of Cultural Development (Administrative unit that designs and coordinates cultural development programs and policies, cultural festivals, access for children, defines schemes to stimulate cultural creativity and creates policies for access to culture); General Directorate of Cultural Linkage (Coordinates with state and municipal governments the implementation of cultural policies at the local level, in addition to carrying out the program of

Community Culture in which the exercise of cultural rights of individuals, groups, and communities is promoted; with special emphasis on those who have been left out of cultural policies since the culture of peace) and the Trust for the Use and Exploitation of the National Auditorium (a Trust with extensive experience and track record in the administration of cultural spaces and the development of activities to promote and disseminate Mexican cultural heritage).

Preservation of Cultural Heritage

Objective: In this axis, the protection, conservation, and dissemination of tangible cultural heritage (monuments, historical sites, museums, and libraries) and intangible heritage (traditions, indigenous languages, and artistic expressions) will be the focus.

Participating administrative areas or units: National Institute of Anthropology and History (Responsible for the research, conservation, restoration, recovery, promotion, and dissemination of archaeological, historical, and paleontological monuments, as well as monument zones and the administration of museums in this field); National Institute of Fine Arts and Literature (Conserves, restores, investigates, and promotes artistic heritage, such as buildings considered artistic monuments, and coordinates museums and documentation centers); National Institute of Indigenous Languages (Responsible for promoting, researching, and disseminating indigenous languages and guaranteeing the recognition and protection of linguistic rights); General Directorate of Popular, Indigenous, and Urban Cultures (Documents and protects traditional intangible cultural manifestations, festivities, traditional medicine, through activities such as the promotion of crafts, music, dance, gastronomy, languages, and other forms of expression. Among its functions are the creation of support and training instruments to strengthen the artistic and intellectual capacities of communities, as well as the planning and management of museum spaces and the coordination of actions with social sectors to recognize the creative value of popular cultures); General Directorate of Sites and Monuments (Is responsible for preserving and protecting federal property real and personal assets of historical or artistic value, in accordance with applicable legal provisions. Among its attributes are proposing policies for the protection of national cultural heritage. It also coordinates the operation of the National Center for the Preservation of Railroad Cultural Heritage, keeps the registry of responsible parties for temples and monuments, and provides technical advice to communities or users who safeguard assets of heritage value); Trust for the Use and Exploitation of the National Auditorium (A Trust that will contribute to preserving and guaranteeing access, as well as efficiently exploiting spaces destined to disseminate national culture).

Promotion of Artistic Creation

Objective: Under this axis, programs and incentives for artists, creators, and cultural collectives will be promoted, as well as the development of training programs and the projection of exhibition spaces.

Participating administrative areas or units: System of Support for Creation and Cultural Projects (With the purpose of incentivizing and stimulating creators in various artistic disciplines); National Center of the Arts (To promote interdisciplinary artistic education, research, and production. It also promotes professional pedagogical programs and the development of innovative models of education, research, and artistic dissemination that drive both the training of excellent professionals and the population's approach to the arts) and the National Institute of Fine Arts and Literature (Through its schools and artistic companies (theater, dance, music, opera), it promotes professional artistic creation and training).

Community Cultural Development

Objective: This axis will focus on generating projects that tend to democratize culture, making it more inclusive, and above all, strengthening local identity. Similarly, culture will be promoted in indigenous, rural, and marginalized communities through programs such as "Creative Seedbeds" and "Community Culture."

Participating administrative areas or units: General Directorate of Cultural Linkage (Which will operate programs such as Community Culture, which promotes local projects, workshops, and cultural spaces with social participation, generating a grassroots cultural policy in relation to the culture itself from the valuation and respect for local knowledge, traditional arts, crafts, native dances, indigenous languages, as well as the popular culture of these communities, highlighting the particular richness that each territory contributes in its own expressions and manifestations); General Directorate of Popular, Indigenous, and Urban Cultures (Will generate projects that will strengthen community cultural processes to give visibility to cultural expressions of indigenous peoples and popular sectors) and the National System of Musical Promotion (Will be responsible for implementing musical training models from the community level to the professional level, in which the collective practice of this artistic discipline is the transformative and inclusive force that fosters a culture of peace, social action, and the exercise of cultural rights of the agents involved: members, teachers, families, cultural promoters, and institutions).

Internationalization of Mexican Culture

Objective: Cultural forums will be generated for dissemination in the international arena. Similarly, fairs, festivals, and exhibitions are intended to have as their central objective the dissemination and promotion of national cultural heritage.

Participating administrative areas or units: General Directorate of Cultural Promotion and Festivals (As the area responsible for generating and promoting cultural festivals, it will have more space to promote culture and national heritage within the country and the city, through various events. In addition, it will extend access to cultural goods and services to diverse audiences, encourage the celebration of cultural activities in coordination with local governments, civil society, and private individuals, and coordinate the application of subsidies in co-investment for cultural and artistic festivals, in accordance with current regulations); TV Metropolitana and Radio Education (Dependencies that will have different spaces to disseminate cultural content, not only at the local level but for dissemination on international platforms, generating content that allows the visibility of national culture and heritage); General Directorate of International Affairs (Will promote Mexican culture in all its expressions according to its attributes and strengthen exchange with other countries. It will also foster the presence of international cultural expressions in the park, through the updating and expansion of collaboration agreements, promote internationalization strategies for cultural goods and services, and manage financing with international organizations) and the Trust for the Use and Exploitation of the National Auditorium (A Trust that has extensive experience and track record in the administration of cultural spaces and the development of activities to promote and disseminate Mexican cultural heritage, which will contribute to developing and efficiently exploiting each space of the park).

Inter-institutional Linkage

Objective: Under this axis, linkage with other federal government departments, as well as state, municipal, and borough governments, will be generated, as well as with educational institutions and civil society organizations, which allow generating comprehensive actions in favor of society and the community.

Participating administrative areas or units: General Directorate of Cultural Linkage (Will generate the corresponding approaches to carry out different collaboration agreements with the various departments of the federal, local, and municipal government, to develop multidisciplinary activities in favor of the community) and the Trust for the Use and Exploitation of the National Auditorium (A Trust that will allow and guarantee the participation of civil society in the development of cultural activities in favor of the community).

Administration of Cultural Institutions

Objective: Considering the importance and origin of the "Parque Bicentenario," it is fundamental to recover spaces to generate memory of our origins and particularly what was the struggle for the "Oil Expropriation." Hence, the rescue of the museum is considered, to generate various cultural spaces, destined for theater, dance, music, and exhibitions, which allow disseminating and exhibiting the cultural heritage that constitutes our national identity.

Participating administrative areas or units: National Institute of Historical Studies of the Mexican Revolutions (Will participate, with the purpose of presenting and disseminating our revolutionary history, linking it with the oil expropriation, through cultural events and photographic exhibitions); National Fund for the Promotion of Crafts (A Fund whose purpose is to promote the country's craft activity and contribute to the generation of income for artisans. Therefore, a space will be destined for the fulfillment of its purpose, which would contribute to favoring this group) and the Trust for the Use and Exploitation of the National Auditorium (A Trust that has extensive experience and track record in the administration of the National Auditorium, which has been an icon in the dissemination of Mexican culture, which will contribute to impacting and developing the cultural space better).

XI.

The Ministry of Culture has extensive experience in the efficient administration of cultural spaces of great national relevance, which supports its institutional capacity to assume new projects of a cultural and community nature.

XII.

An example of the above is that currently, venues such as the National Center of the Arts, the Los Pinos Cultural Complex, the National Museum of Mexican Railroads, the National Auditorium, as well as the Chapultepec Cultural Park, an emblematic project of cultural and environmental regeneration in Chapultepec Forest, are managed in a outstanding manner.

XIII.

To these are added various museums, cultural centers, and parks that operate as nodes for the effective exercise of cultural rights. This track record demonstrates not only the technical and operational viability of the Ministry of Culture to coordinate complex spaces, but also its commitment to inclusion, sustainability, and community participation, consolidating environments that strengthen access to culture throughout the country.

XIV.

In summary, the actions in favor of the community that the Ministry of Culture will carry out and that will be permanently hosted in this community cultural center would be, among others, the following: Art, music, cinema, and theater workshops; Activities to promote and disseminate the different music and dance schools; Temporary exhibitions of art, crafts, or cultural heritage; Programs that promote and disseminate the material and immaterial heritage of indigenous and Afro-Mexican peoples and communities; Community participation in the cultural projects to be developed will be promoted; Projects with a community, gender, and human rights perspective with an intersectional approach and the development of identity music festivals with the population will be carried out.

  1. That according to what was exposed by the Ministry of Culture, the rescue of the "Parque Bicentenario" constitutes a public interest, in accordance with articles 1; 2, fractions III and V of the General Law of Ecological Equilibrium and Environmental Protection, as well as articles 2, fractions I, II, IV, and VIII, as well as 12, fractions I, IV (last part), V, VI, IX, and XI of the General Law of Culture and Cultural Rights, since according to the destination request, it has a privileged location, with an extension ten times greater than the "Zócalo" or "Plaza de la Constitución," in which seven representative ecosystems of Mexico are recreated, an experimental chinampa, an artificial lake, an orchidarium, an auditorium, a building adapted as a museum, and sports facilities, in addition to five thematic gardens, which makes it a cultural-environmental node, which will host exhibitions, workshops, and activities that strengthen cultural and ecological education, in favor of the community, seeking the conservation of natural elements and public property.

  2. That the Ministry of Culture is the most suitable to achieve the development of the cultural project, since it is in charge of promoting, preserving, disseminating, and developing the culture and cultural heritage of the country; in addition, it has various Administrative Units, Decentralized Administrative Bodies, Public Trusts, and Coordinated Para-state Entities, which contribute to the promotion, dissemination, and guarantee of cultural human rights.

  3. That the development of the cultural project will be supported by the seven axes referred to in the letter UAF/DGA/0100/2025, which will be developed with the participation of different actors belonging to the cultural sector.

  4. That from the destination request exposed by the Ministry of Culture, the need arises to issue the rescission of the concession, a figure that implies that the assets subject to the concession return by full right, from the date of the Declaration, to the possession, control, and administration of the Federation and that the assets, equipment, and installations destined directly to the purposes of the concession enter its patrimony.

  5. That in accordance with clauses First and Fifth of concession title No. TC-05/2018/A, the Concessionaire is responsible for conserving and providing adequate maintenance to the property, as well as for deterioration, other than that caused by natural use, in addition, it establishes as an obligation of the Concessionaire to notify the Institute of Administration and Appraisals of National Assets, regarding events that in its opinion put the physical or legal integrity of the property at risk, as well as to adopt the measures necessary to guarantee the safety of the property, and in general, of the assets and persons who are in it or who are expected to receive services there. On the other hand, the State has the obligation to apply affirmative and preventive measures to prevent any individual from violating human rights, whether legislative or administrative measures. It is the case that, on April 5, 2025, during an event at the "Parque Bicentenario," an incident occurred that threatened the integrity of the people who attended, that is, the Concessionaire failed to foresee the appropriate measures to ensure the integrity of the event attendees, in addition to not informing the Institute of Administration and Appraisals of National Assets accordingly.

For the above, and reiterating that it is the obligation of the State in terms of article 1 of the Political Constitution of the United Mexican States, "... promote, respect, protect, and guarantee human rights ...", in addition to the fact that article 19 of the General Law of National Assets establishes that the rescission of the concession applies for causes of utility, public interest, or national security, in this case, it is considered in the public interest, so that the State itself is in charge of guaranteeing the aforementioned fundamental rights, such as the integrity and life of persons.

In this context, we have that one of the general obligations of the State is to protect and safeguard the life and integrity of persons, which imposes the duty to ensure that they do not suffer rights violations by any individual.

In this regard, with respect to public order, it is necessary to refer to the criterion sustained by the Federal Judiciary in the jurisprudence of the eleventh era, registry 2024639 of Circuit Collegiate Courts, book 13, May 2022, Volume IV, common administrative matter:

"PUBLIC ORDER. IS AN INDETERMINATE LEGAL CONCEPT THAT MUST BE SPECIFIED AND VALUED DEPENDING ON THE SPECIFIC CIRCUMSTANCES OF EACH CONCRETE CASE".

Facts: In an indirect amparo trial, the suspension of the challenged acts was requested. To grant or deny it, the District Judge argued issues of public order and social interest.

Legal Criterion: This Circuit Collegiate Court determines that public order must be specified and valued depending on the specific circumstances of each concrete case, as it is an indeterminate legal concept.

Justification: This is because public order is the expression of a value, applied in concrete cases, determining a greater intervention or limit to individual or particular rights and freedoms in order to protect interests of a collective nature; likewise, it is an essentially indeterminate legal concept that seeks a certain degree of social harmony and legal efficacy, which is actualized in each concrete case and in accordance with the regulatory framework, the content of which can only be delineated by the circumstances of manner, time, and place that prevail at the moment when its valuation or study is carried out. In this context, its connotation must be consistent with the circumstances of concrete cases and with assumptions of affectation, so it is not possible to predetermine its scope in a generic and anticipatory manner with a pretension of fixed and inflexible definition. Therefore, when it has the purpose and consequence of restricting, by closing and repressing the scope of protection of fundamental rights, it must be controlled and not give an arbitrary use or alien to the concrete and unnecessary effects of its limiting sequel.

From the above, it is inferred that it is the obligation of the State to establish and apply the norms and provisions on which the legal regime is based, so that in the concrete case, with the rescue of the federal property, the State seeks that public order prevails over particular interest for the benefit of the collectivity.

Now well, as article 19 of the General Law of National Assets provides, administrative departments in charge of real estate and decentralized agencies may rescind the concessions they grant on assets subject to the public domain regime of the Federation, through indemnification, for causes of utility, public interest, or national security; in the concrete case, the causes of public utility are materialized with respect to the conservation of a public service, such as offering a recreational area that also fosters, promotes, and expands the cultural offer, in addition, with the intervention of the Ministry of Culture, a better appearance and functionality of the "Parque Bicentenario" will be obtained for the benefit of the population, as well as the conservation of a place of panoramic beauty, without losing sight of the fact that the park constitutes a large urban green space and a lung for Mexico City; this on the basis of articles 3, fraction II; 6, fraction II; 7, fraction XIII, and 8 of the General Law of National Assets, public parks are considered assets of common use with respect to which the nation exercises its sovereignty and jurisdiction.

For the above, in virtue of the fact that the State has as one of its main attributes the safeguarding of the fundamental rights of persons, as well as the public interest, above particular interest, it is pertinent to proceed to the rescue of the aforementioned property.

  1. That in terms of what is provided in the General Law of Culture and Cultural Rights, the property that is rescued is foreseen that the State will promote and protect the exercise of cultural rights, with the realization of artistic and cultural events, taking advantage of the infrastructure of the property, with adequate spaces and services to make intensive use of it.

  2. That the human right to culture, enshrined in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the American Convention on Human Rights, as well as articles 1, 2, and 4, paragraph fourteenth, of the Political Constitution of the United Mexican States, every person, as part of society, has the right to obtain the satisfaction of cultural rights, indispensable for their dignity and for the free development of their personality, which includes taking part freely in cultural life, to enjoy the arts, and to participate in scientific progress, under the principles of intersectionality, equality, and non-discrimination, with a gender and human rights approach.

  3. That the rescue of the property called "Parque Bicentenario" will allow the State to be in charge of using the aforementioned property for cultural and recreational purposes, ensuring its accessibility for the entire population, in favor of the development and encouragement of various social groups, in which, it will be the State itself that is in charge of promoting, respecting, protecting, and guaranteeing directly the human rights of the population, so there will be no type of discrimination.

  4. That according to the report "Culture: Urban Future" World Report on Culture for Sustainable Urban Development by the United Nations Educational, Scientific and Cultural Organization, defines culture as a fundamental pillar to achieve the Sustainable Development Goals, especially Goal 11, which seeks to achieve inclusive, safe, resilient, and sustainable cities and communities, so that parks and public spaces represent the heart of urban life and being more than simple environments for leisure, they become spaces for coexistence, learning, and cultural expression; in addition to the fact that culture, when integrated into these spaces, transforms their functionality, promoting not only social well-being, but also sustainable development, community cohesion, and respect for diversity.

  5. That the rescission of the concession of the "Parque Bicentenario" for use for social and cultural purposes, guarantees access to this property to various social groups, among them, priority attention groups, thereby consecrating respect for diversity, equality, and intersectionality, to overcome any condition of discrimination and promote development with equity and respect for divergence, under a gender and human rights approach, in accordance with the National Development Plan 2025-2030, which recognizes as a priority the well-being of people, using as the main tool culture, art, and creativity from childhood.

  6. That Bicentennial Park generates a socio-environmental impact and metropolitan-scale benefit, representing environmental and cultural services for a population of more than 21,436,911 inhabitants, according to the 2020 Population and Housing Census of the National Institute of Statistics and Geography. The beneficiaries directly are considered to be 3,615,099 inhabitants of the boroughs: Álvaro Obregón with 759,137, Azcapotzalco with 432,205, Miguel Hidalgo with 414,470 and Cuajimalpa de Morelos with 217,686, as well as the municipalities of the State of Mexico: Naucalpan with 834,434, Tlanepantla with 672,202 and Huixquilucan with 284,965, which constitute the areas of greatest attendance at the park. The most favored population consists of 471,325 children aged 5 to 14, 831,032 young people aged 15 to 29, and 562,252 adults over 60 years old, representing 52 percent of the total population of the boroughs and municipalities with the greatest attendance at the park.

  7. That the rescission of the property will allow an increase in the statistics mentioned in the previous point, by becoming more accessible to the general public, which will promote greater social cohesion as it encourages the performance of activities individually or collectively, by promoting meeting, rest, relaxation, walking, sport, art and learning, through various cultural activities, which have a beneficial impact on the physical and mental health of the inhabitants of the area, decreasing levels of violence and crime, since it will become a safe, attractive and functional space for all those who visit it.

  8. That the rights and opportunities of priority groups will be guaranteed, understood as such, the groups that include girls, boys and adolescents, older persons, persons with disabilities, women, migrants, refugees, persons of sexual and ethnic diversity, granting them access to opportunities for cultural development, considering their specific needs and promoting their participation in the cultural development of the state.

  9. That the rescission of the park responds to urban needs in terms of recreation, education, culture, tourist attraction, sport, fun and leisure through its relationship with the environment, ecology, history, science and technology in a playful manner, as well as the opportunity to foster the protection, restoration and conservation of ecosystems and natural resources, goods and environmental services, in order to promote their sustainable use and development, the foregoing in terms of articles 2, sections I, II, IV and VIII, as well as 12, sections I, IV (last part), V, VI, IX and XI of the General Law of Ecological Balance and Environmental Protection.

  10. That in accordance with articles 3, section II; 6, section II; 7, section XIII and 8 of the General Law of National Assets, public parks are considered goods of common use, so with the rescission the property and destined to the Ministry of Culture, will be considered as a good of common use with no other restrictions than those established in the laws and administrative regulations.

  11. That in accordance with the preceding considerations, it is evident that public utility and public interest are updated in the present case for the following three causes:

a)

The public , in virtue that the rescission of the concession will result in the property being directly destined to the aforementioned cultural project under the State;

b)

The social , since it satisfies the right of access to culture in an immediate and direct manner to Mexican society, predominantly to vulnerable and priority groups, as well as to the population of the surrounding urban areas; and

c)

The national , since the cultural project will seek the promotion and valuation of its different artistic expressions, traditions, customs and Mexican cultural heritage, at the international level.

That based on the causes of public utility and public interest described in the considerations of this instrument, which are above the particular interest, in order to have the necessary space for the development of the cultural project under the Ministry of Culture, the rescission of the Concession referred to in Considerations 6 and 7 is appropriate.

That such consideration is based mainly on the fact that the administrative concession in question has not fulfilled its fundamental objective, which is the satisfaction of the social interest on the particular, as detailed in these considerations, supports the reasoning previously exposed, the thesis cited below:

Supports the reasoning previously exposed, the Isolated Thesis of the tenth epoch, registration 2009506 of Circuit Collegiate Courts, book 19, June 2015, Volume III, administrative matter, which is cited below:

"ADMINISTRATIVE CONCESSION. ITS FUNDAMENTAL OBJECTIVE IS THE SATISFACTION OF SOCIAL INTEREST. The concession is defined as that institution of administrative law that arises as a consequence of the fact that the State, for reasons of opportunity, merit or convenience, temporarily cannot or is not interested in directly carrying out certain public tasks, with which the possibility of entrusting their realization to individuals is opened, who respond to the call, generally in attention to an economic type interest. Thus, from article 28, paragraph eleventh, of the Political Constitution of the United Mexican States, in which the aforementioned legal institution is regulated, it is derived that its fundamental objective consists in satisfying the social interest, leaving the particular interest of the concessionaire in the background, taking into account that in said provision the granting of concessions depends on the fact that they are cases of general interest and links secondary laws to establish the modalities and conditions through which the efficacy in the provision of public services, the social use of the goods of the domain of the Federation, and the preservation of public interest are guaranteed, which effectively evidences the intention of the legislator to make social interest prevail over the particular."

For the above and founded, for the execution of the cultural project proposed by the Ministry of Culture and considering the superior interest of the human right of access to culture, it is necessary to carry out the rescission of the concession of the federal property known as "Bicentennial Park", in terms of what is established in article 19 of the General Law of National Assets and in clause Fifteenth, section VI of Concession Title No. TC-05/2018/A, therefore the Institute of Administration and Appraisal of National Assets, issues the following:

DECLARATION OF RESCISSION FOR CAUSES OF PUBLIC UTILITY AND PUBLIC INTEREST OF THE CONCESSION TITLE GRANTED TO

THE LEGAL ENTITY "OPERADORA DE PROYECTOS DE ENTRETENIMIENTO NLP, S.A. DE C.V.", FOR THE USE,

UTILIZATION AND EXPLOITATION OF THE FEDERAL REAL PROPERTY KNOWN AS "BICENTENNIAL PARK",

WITH FEDERAL REAL ESTATE REGISTRATION 9-20863-7, LOCATED AT AVENUE 5 DE MAYO,

NUMBER 290,

SAN LORENZO TLALTENANGO COLONY, MIGUEL HIDALGO BOROUGH, ZIP CODE. 11210, MEXICO CITY.

FIRST. The rescission for cause of public utility and public interest of Concession Title No. TC-05/2018/A and its modifying instrument TC-05/2018/A-1 issued in favor of the legal entity known as OPERADORA DE PROYECTOS DE ENTRETENIMIENTO NLP S.A DE C.V., relating to the federal property known as "Bicentennial Park" with Federal Real Estate Registration 9-20863-7, located at Avenida 5 de mayo, number 290, San Lorenzo Tlaltenango colony, Miguel Hidalgo borough, C.P. 11210, Mexico City, for an area of 108,366.08 square meters and which is composed of: a) green area 1; b) green area 2; c) brick building; d) large auditorium; e) green area 3; f) magnolia garden; g) lakes esplanade, and h) cafeteria, as well as parking, food and beverages; all of this, for the use, utilization and exploitation of a larger surface area of 550,147.74 square meters, surface in which the eight mentioned fractions are located, for the following reasons:

I.

It is declared for cause of public utility, the development of the cultural project that will be in charge of the Ministry of Culture,

for the satisfaction of social, economic, cultural needs, which are required in the federal property in question and its

surrounding areas; since this is the Federal Executive Department that is suitable, as it is in charge of promoting, preserving,

disseminating and developing the culture and cultural heritage of the country.

II.

It is declared for cause of public interest, the creation of a cultural-environmental node, with exhibitions, workshops and activities that

strengthen cultural and ecological education, which can take advantage of all the space of the park for the benefit of society,

ensuring the conservation of natural elements and public property.

SECOND. From the publication in the Official Gazette of the Federation of this Declaration of Rescission, the rights granted to the legal entity OPERADORA DE PROYECTOS DE ENTRETENIMIENTO NLP S.A DE C.V., through Concession Title No. TC-05/2018/A and its modifying instrument No. TC-05/2018/A-1, are extinguished, which remain without effect.

THIRD. From the date of publication of this Declaration, the goods subject to the concession return by full right to the possession, control and administration of the federation, through the Ministry of Finance and Public Credit, through its Decentralized Administrative Body, the Institute of Administration and Appraisal of National Assets, and the entirety of the goods, equipment and facilities destined directly to the purposes of the concession enter its patrimony, in accordance with what is provided in the second paragraph of article 19 of the General Law of National Assets.

FOURTH. The federal property known as "Bicentennial Park" with Federal Real Estate Registration 9-20863-7, located at

Avenida 5 de mayo, number 290, San Lorenzo Tlaltenango colony, Miguel Hidalgo borough, C.P. 11210, Mexico City, is destined to the Ministry

of Culture, with an area of 550,147.74 square meters, for the development of the cultural project exposed in this

Declaration.

FIFTH. In accordance with what is established in the third paragraph of article 19 of the General Law of National Assets, the

determination of the indemnification in favor of OPERADORA DE PROYECTOS DE ENTRETENIMIENTO NLP S.A DE C.V., will be carried out

in accordance with the following general bases:

  1. The amount will be calculated based on the investments made and duly proven, as well as the depreciation of the goods,

equipment and facilities destined specifically to the purposes of the concession.

  1. OPERADORA DE PROYECTOS DE ENTRETENIMIENTO NLP S.A. DE C.V., must present before the Institute of Administration and

Appraisal of National Assets, the documentation that accredits said investments and the amount thereof, within a period not exceeding

90 business days from the date on which this Declaration enters into force.

  1. After the aforementioned period has elapsed, with the documentation on file and with that which, if applicable, the legal entity OPERADORA DE PROYECTOS DE ENTRETENIMIENTO NLP

S.A. DE C.V. accredits, the Institute of Administration and Appraisal of National Assets, will integrate the relative file and rule on the amount of the indemnification based on article 143, section IX of

the General Law of National Assets.

SIXTH. For the purposes of determining the amount of indemnification, in terms of article 19, third paragraph of the General Law

of National Assets, the value of the concessioned goods cannot be taken as a basis for fixing it.

SEVENTH. The termination of the concession does not extinguish any type of obligations contracted by the concessionaire during its validity,

including insurance.

EIGHTH. In accordance with the second paragraph of article 19 of the General Law of National Assets, it is authorized to OPERADORA DE

PROYECTOS DE ENTRETENIMIENTO NLP S.A DE C.V., to within a period of 15 business days counted from the publication of the

present Declaration, go to the offices of the Institute of Administration and Appraisal of National Assets, to request the withdrawal and

disposition of the goods and equipment, of which it accredits ownership, provided that these are not affected by the object of the property, when

they are not useful to the Federation and can be used by the concessionaire.

NINTH. The Institute of Administration and Appraisal of National Assets within the scope of its attributes, will supervise the strict

compliance with this Declaration and the actions derived from it.

TRANSITORY

FIRST. This Declaration of rescission will enter into force and produce its effects from its publication in the Official Gazette of the

Federation.

SECOND. Publish this Declaration in the Official Gazette of the Federation and make the administrative annotations and

legal records.

Mexico City, May 20, 2025. - President of the Institute of Administration

and Appraisal of National Assets, Pablo Israel

Escalona Almeraya. - Rubric.

In the document you are viewing, there may be text, characters or objects that are not displayed correctly due to conversion to HTML format, so we recommend always taking the digitized image of the DOF or the PDF file of the edition as a reference. The content, form and scope of published documents are the strict responsibility of their issuer.

INQUIRY

BY DATE

Do

Lu

Ma

Mi

Ju

Vi

Sa

INDICATORS

Exchange Rate and Rates as of 08/23/2026

UDIS

8.805888

See more

SURVEYS

Did you like the new image of the Official Gazette of the Federation website?

No

Yes

Official Gazette of the Federation

Río Amazonas No. 62, Col. Cuauhtémoc, C.P. 06500, Mexico City Tel. (55) 5093-3200, where you can access our menu of services

Electronic address: dof.gob.mx

113

LEGAL NOTICE | SOME RIGHTS RESERVED © 2026

More like this from SHCP

SHCP published 15 documents in the last 30 days. We email you each new one the day it's published.

Share