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Ultrasuede ordered to pay $100,000

by Andrew Kirk, OF THE RECORD STAFF

On Aug. 8, Third District Court Judge Bruce Lubeck ordered Robert Fenn, lease holder for what was Ultrasuede night club in Kimball Junction, to pay his landlord, Kimball Plaza LLC, $103,272.71 in back rent.

Fenn signed a lease for the property at 1612 West Ute Blvd in late December, and never paid rent or vacated for the next seven months, according to the court order.

Eric Oldham, co-defendant in the case, did not return telephone calls by deadline. The plaintiff, Kimball Plaza LLC, declined to comment via email.

An order to pay rent or leave expired in early July, so Judge Lubeck awarded $913.41 per day for 37 days (three times the daily value of the rent of $9,261 per month for every day since the order expired on July 2).

The remaining amount was for $69,216.54 in unpaid rent and common area maintenance charges as well as nearly $3,000 in filing, service and legal fees.

The court documents also mentioned complaints of property damage including reference to an ice machine.

Oldham was involved in another lawsuit in April with former club business partner Josephine B. Fey.

The club forfeited its alcohol license on Jan. 1, 2008 after a 40-day suspension in November. Robert Fenn took over the lease just before Jan. 1.

The Playground night club still holds a business license to operate for the space, but the Summit County Clerk’s office believes the space to be empty.


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