City Council approves incentives, land conveyance for Cohen entertainment amphitheater project

El Paso City Council on April 15 approved amendments to the city—s development agreement and contract of sale with Venue (formerly Notes Live/Notes Life Inc.) for a proposed privately financed 12,500‑seat entertainment venue at the Cohen site, following debate and two amendment votes.

The amendments increase the minimum private investment commitment to $100 million, expand the property acreage to accommodate updated design work, add a local hiring/procurement “Hire El Paso First” preference, and change the timing for design and parking design work so parking plans will be finalized after closing. The council also approved clarifying language to treat certain unexpected conditions (unexploded munitions on site, archaeological finds) as force majeure so the development clock would pause if those rare events required remediation.

The city retained several protections: the land conveyance to Venue remains performance‑based (the land is conveyed at no cost but includes clawbacks and default/recapture provisions), the agreement keeps a limited non‑compete clause protecting the private investment from directly competitive, city‑sponsored projects in the capture area, and the council removed a separate —first right of refusal— clause tied to a previously‑voter approved downtown project. Council members also debated and rejected a separate attempt to strike the non‑compete language.

Why it matters: The project is the largest private development proposed for the Cohen master plan and is expected to be the anchor to catalyze redevelopment of the 50‑acre site. The developer projects annual visitor spending and hotel visits that would generate tax receipts for the city and other local taxing entities. The city—s direct incentives are structured as performance‑based reimbursements paid from TIRZ (Tax Increment Reinvestment Zone) funds and a development note backed by the Texas Economic Development Fund; City staff stressed no general‑fund dollars are committed for the incentives.

Key facts and next steps: city staff and the developer said they are addressing title exceptions linked to historic military testing on parts of the Cohen site and have purchased additional insurance and written contract language to manage that risk. The developer and staff said they expect to close on the property soon and begin concurrent design work; construction timelines presented to council targeted opening in 2026 but company representatives said they would confirm schedules once closing and permitting were complete. Both council and staff noted further steps are required on parking arrangements, infrastructure, and detailed design before construction can begin.

Council action and amendments: Council approved the two agenda items (the Chapter 380 economic development agreement amendment and the amended contract of sale) 6‑2 after a sequence of votes. A motion to remove the —first right of refusal— language was approved (vote 7‑1); a separate motion to remove the non‑compete clause failed (vote 6‑2); the final motion to approve the amended agreements passed 6‑2. Opponents on the dais cited concerns about the non‑compete, long‑term public commitments and the need for continued public oversight of incentives; proponents said private capital and performance rules limit city risk, and that the project will generate jobs and regional tourism revenue.

What to watch: written confirmation from TxDOT and other partners on infrastructure responsibilities, finalized parking agreements, and the developer—s insurance/clearance documentation for the site—s title exceptions. The development note and TIRZ reimbursements will be monitored by staff and council as design and permitting advance.