7/2/2018 12:49:00 PM WindStream, TOSMO sued for not paying rent
Dave O'Mara Contractor, Inc. has filed a civil action against Tosmo America, registered agent at 4010 W 86th St., Indianapolis, WindStream Technologies, 819 Buckeye St, NV and Travis Campbell, 315 E CR 175 N, NV. WindStream leased part of the former Regal Rugs building for its manufacturing of wind/solar turbines beginning Oct. 1, 2014 for $7800/month. It did not pay rent from April through Oct. 2016 nor the $100/day it was delinquent within 10 days of the first. It owes late fees from Jan. through Aug. 2016. O'Mara is asking for $102,375 plus interest, costs and expenses from WindStream for past rent due and accelerated or late fees of $100/day. In Jan. 2017, Travis Campbell, COO of WindStream and CEO of TOSMO asked the lease be renegotiated with TOSMO and reassured O'Mara that WindStream's debt would be paid. The lease was extended in Jan. 2018. However, due to the company's non-payment of rent and several other bills, TOSMO was sent a letter terminating the lease if the balance was not paid by May 8. The lease was terminated May 14 The suit now filed is also asking the court for a judgment of $57,533.02 plus interest, costs and expenses from TOSMO for rent and several other bills. O'Mara is also seeking an "Unjust Enrichment" claim against both companies, arguing that the companies were allowed to keep operating at the property despite not paying rent and by doing so "has yielded profits and/or positive cash flows for its operations...since it quit paying rent." Further, the suit says it would "be unjust" for the 2 entities to retain the benefits conferred upon them by this situation.