VIRGINIA BEACH, Va. — Something in the Water organizers have one last chance to announce a lineup and ticket sales by close of business Monday, Jan. 27.

Virginia Beach city officials sent a notice to organizers last Tuesday, which News 3 received via Freedom of Information Act request. The message was sent by City Manager Patrick Duhaney, with a recipient named Penni Thow, and the assistant city manager on CC.

Read the agreement breach email sent to SITW organizers by VB leaders

"This email shall serve as written notice of Default and provides an opportunity for SITW to cure the Default, as required by paragraph 11 of the Sponsorship Agreement, within five (5) days from the date this notice is emailed. In the event SITW fails to cure the Default, the City shall immediately terminate the Sponsorship Agreement as of the date of this email and seek the return of any funds advanced to SITW," the letter states.

With the music festival slated for the last weekend in April, the initial sponsorship agreement expected SITW to announce their lineup and ticket sales before the end of 2024 — but this never happened.

Virginia Beach Mayor Bobby Dyer then proposed to give the music festival five days to cure the breach. The Virginia Beach City Council turned down this proposal, initially deciding to compromise.

They voted to give the music festival some leeway, allowing SITW to move forward as long as organizers provided weekly updates on the festival's status. However, city officials grew frustrated with the lack of substantial progress reports in the following weeks.

On Tuesday, they revived Dyer's initial proposal of a five day ultimatum.

Dyer said, "It’s a tough decision," before ultimately recommending to send the notice.

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