Stiftung Haus zur Flora

The foundation aims to ensure the sustainable preservation and the exclusively charitable use of the property with the «Haus zur Flora» (property at Via Quadrellas 6 in 7500 St. Moritz; plot no. 999; hereinafter «property»), in order to create affordable rental housing for suitable (in the words of the founder Adolf Haeberli «careful») locals from St. Moritz and/or the surrounding region («beneficiaries») (main purpose). The purpose of the foundation is charitable and the foundation is to obtain tax exemption due to charitable purposes in accordance with Art. 78 para. 1 lit. f StG and Art. 56 lit. g DBG: Firstly, the use of funds is to be exclusively directed towards the well-being of others. Secondly, the funds earmarked for the purpose are to be irrevocably (permanently) committed to tax-exempt purposes. Thirdly, the irrevocability of the use of funds for the charitable purpose is to be statutorily secured herewith, also in the event of the dissolution of the foundation. This is a non-discretionary foundation. The beneficiaries are to be specified in more detail in the rental regulations. The building «Haus zur Flora» is to be best preserved and used in a meaningful way (i) if possible as a building worth preserving, renovated, or (ii) if possible converted and/or extended in the previous style, or (iii) if possible rebuilt with similar architectural features of the previous building (but according to the latest state of the art, energetically and ecologically sustainable, with barrier-free access and according to the currently possible GFA), so that the property and the building can be used in the long term and to fulfill the main purpose. To fulfill this main purpose, it is necessary in a first step to acquire the remaining shares in the property, namely the 4/12 shares of Silvia Yvonne Hitz-Häberli, consisting of 3/12 shares of Silvia Yvonne Hitz-Häberli and 1/12 share in the estate of Elvira Häberli, and the 1/12 share of Fabrice Haeberli. To fulfill the main purpose, it is necessary in a second step to examine whether renovation, conversion/extension or new construction/reconstruction (reconstruction) of the current building «Haus zur Flora» is sensible, in order to obtain an optimal, affordable and reasonable result for longer-term appropriate use (if these preliminary investigations/project preparations have not already been made by the founder), and to select the project suitable for the long-term charitable use of the property (if useful and sensible for the main purpose by entering into cooperations with third parties) and to carry out the building permit procedure (preparation of the building application until legal force and building permission). In a third step, it is necessary to carry out the necessary work on the property so that the operation can be started in accordance with the main purpose (construction and control). In a fourth step, it is necessary to start the operation of the property in accordance with the main purpose (tenant selection and operation in accordance with the organizational/remuneration regulations, rental regulations and criteria catalogue in the sense of the foundation's purpose and charitable purpose). The income from the foundation capital and the income from the operation of the property in accordance with the main purpose may be used to cover maintenance, operating costs and to fulfill the foundation's purpose. Consumption of the foundation capital is only permissible to the extent that this is compatible with the long-term continuation of the foundation's purpose. The foundation may also take out a mortgage or several mortgages on the property or procure corresponding capital in order to fulfill the foundation's purpose and to use the foundation capital in the best possible and meaningful way. If the foundation capital, in particular income from the foundation capital and income from the operation of the property in accordance with the main purpose, should reach a sufficient amount or generate a sufficient surplus, which enables a further use beyond the main purpose, then this amount can be used to create further affordable housing for suitable locals from St. Moritz and/or the surrounding region, in particular by acquiring further housing (secondary purpose). Within the framework of this secondary purpose, the foundation may also enter into cooperations and carry out or promote projects which are in line with the main purpose and the charitable purpose. Until the main purpose is fulfilled as described, a charitable interim use (interim purpose) can take place in the property. In doing so, it is necessary to take into account existing tenancy agreements. If it is economically sensible, affordable housing can already be provided to third parties up to the third step; however, this housing should only be provided on a short-term basis (only limited new tenancy agreements).