4th Street Live sues Smoothie King over unpaid rent - WDRB 41 Louisville News

4th Street Live sues Smoothie King over unpaid rent

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LOUISVILLE, Ky. (WDRB) -- The Smoothie King at 4th Street Live is behind on rent by almost $25,000, according to a lawsuit filed Monday by an affiliate of the Cordish Co., which owns the downtown entertainment district.

Ivy League Enterprises, Inc. and its personal guarantor Barry Hartlage failed to keep up with payments under the five-year lease, which began in August 2012, according to the suit by Louisville Galleria LLC.

The lease calls for a minimum annual rent of $13,200, plus 10 percent of Smoothie King's gross sales and ancillary charges. The suit also names a company called Blue Blood Enterprises, which first signed the lease and later transferred it to Ivy League.

According to his LinkedIn page, Hartlage is president of Ivy League, a Smoothie King franchisee with three stores.

In a brief phone interview, Hartlage said he hadn't seen the lawsuit and could not comment. Asked how the 4th Street Live Smoothie King is performing, Hartlage jumped off the line to take another call.

Records filed in the suit indicate Ivy League began missing payments to Louisville Galleria in May 2013.

It's unclear whether 4th Street Live is trying to evict Smoothie King. The lawsuit asks only for a judgment forcing the defendants to pay the money owed with interest, as well as expenses such as attorney's fees.

Michael Hirn, the Louisville attorney who filed the suit, did not return a call for comment.

A similar business nearby – the Jamba Juice at 4th and Liberty streets – folded earlier this year.

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